Charnwood Borough Council - Leading in Leicestershire

If You Think A Decision Made About Your Claim Is Wrong

If you get a decision in writing from us about Housing Benefit, Council Tax Benefit or Second Adult Rebate and you disagree with it you can ask us to look at it again. If we do not change our decision you may be able to appeal to an independent tribunal.

You must write to us straight away if you want us to look at the decision again. You must do this within one month of the date on the decision letter, not from the date you contact this office.

When you contact us you have several choices:

• You can ask us to explain the reasons for our decision
• If you want more information to help you decide what to do, ask us for a written statement of reasons for the decisions if we have not already sent you one. We will send the statement of reasons to you as soon as possible

If you ask for a statement of reasons the one-month you have to ask us to look at the decision again or to appeal against it will be extended by the time we took to send the statement of reasons.

If you still disagree with the decision you can either:

• Ask us to look at it again
• Appeal against the decision

Do you want us to look at the decision again?

If we have explained our decision and you still think that it is wrong you can ask us to look at it again.

Let the Benefits Service know, in writing, within one month of the date of the decision letter. If you ask for an explanation first the one-month is counted from the date of the decision letter. If you ask for a written statement of reasons you will have the one month from the date of the decision letter plus the time that we took to send you the statement of reasons.

If there are special reasons, which mean that you cannot contact us within one month, we may still be able to change the decision. You must tell us what those special reasons were when you contact us.

If you ask us to look at a decision again more than one month after the date of the decision letter and you do not have any special reasons, we may still be able to change the decision. BUT this will usually only be from the Monday after the date you wrote to us.

What Happens Next?

We will check that the decision is correct, a different member of staff will do this and if the decision is wrong we will change it.

If the decision can be changed:

• If you asked us to look at the decision again, within one month, or had special reasons that meant that you could not, we will change the decision from the date of the original decision
• If you do not agree with the new decision, you can ask us to look at it again
• If you asked us to look at our decision again after one month and did not have special reasons, the decision will usually be changed from the Monday after the date you wrote to us
• We will send you a letter telling you what the new decision is

If the decision cannot be changed:

• If the decision cannot be changed, we will send you a letter telling you that we cannot change it. The letter will confirm the original decision
• The letter will tell you if you can appeal against the original decision
• If you can appeal, the one-month time limit starts again from the date of the letter confirming the decision

Do you want to appeal against the decision?

If yes, please complete and return the appeals form:

• Appeals Document (PDF Document 130.83 Kb.)

When you complete the form make sure that you:

• Complete all of the relevant boxes on the form. You can get help from a welfare rights organisation or a solicitor
• Write down the reasons for your appeal. This is important because the Appeals Tribunal does not have to look at anything that you do not mention
• Make sure that you sign the form and date the form
• Send the form back to the address on the form
• If you cannot appeal against the decision you can still ask us to look at it again
• NOTE: If the Tribunal finds that you have been getting too much money your benefit will be reduced and you may have to repay any overpaid benefit

• The Appeal