Housing Benefit Reviews, Appeals, DisputeForm and Guidance If you have received a Housing Benefit ‘Decision Notice’ and disagree with the decision that has been made there is a three stage process to be followed: Stage 1 Ask the Council to Review its Decision. (NO COSTS) Stage 2 Take your Housing Benefit case to a Tribunal. (NO COSTS) Stage 3 Judicial Review (YES- LEGAL COSTS) STAGE1: Asking the Council to Review its Decision If you think the Council has made a wrong decision about your Housing Benefit, you can ask the Council to look at its decision again. What sort of decisions can you ask the Council to look at again? You can ask the council to take another look at its decision if it says: Ø Your application for housing benefit has been turned down. Ø You aren’t entitled to housing benefit anymore. Ø You‘re entitled to less housing benefit than you think you should get. Ø It has paid you too much housing benefit, and wants you to pay some of it back. Ø It will start paying housing benefit from a certain date, but you think it should be sooner i.e. if you had asked for your claim to be backdated. Ø It is going to pay your housing benefit direct to your landlord in the future. How to ask the Council to review a Housing Benefit decision You must write to the council within one calendar month of the date on the decision letter. If you leave it later than this, the council may say that it doesn’t have to look at your case. If the council’s letter doesn’t explain why they’ve made the decision, you can ask them to write to you with a proper explanation. If this happens, you’ll get extra time to appeal. The days between the council receiving your letter asking for reasons and replying to you don’t count towards the one-month time limit. In your letter to the council, try to explain clearly why you think the decisionis wrong. Include evidence if possible. For example: Ø If the council is wrong about how many children you have, you could send them your child benefit award letter Ø If it says that you’re earning more than you actually do, send photocopies of your payslips. Ø If the figure amounts used to reach the decision are incorrect. It's always best to hand the letter in to the council’s offices - (Always make sure you get a receipt - including the date you handed over the letter - and keep it somewhere safe). If you post the letter – (Always get a certificate of posting and/or use recorded delivery and remember to keep a note of the date of posting, along with a photocopy). What happens when the Council reviews a Housing Benefit decision? Your case will be looked at by a different decision maker from the one who made the original decision. The decision maker will take into account the reasons for the original decision, and any new information you have provided. You may be asked for more information at this point. If this is required the council will write to you again requesting the information they require. You will then get a letter from the council telling you if the decision has been changed or not. The time it takes for the council to decide will depend on how complicated your case is. STAGE 2: Taking Your Case to a Tribunal If you have asked the Council to review its decision and it doesn't change its mind, you may be able to appeal to a tribunal. This will involve a judge looking at your case, and making a decision on it. At a tribunal, a judge will look into your case and make a decision based on your evidence and the council’s evidence. You can attend the hearing if you wish. It’s best seek advice before going down this route, as Tribunals are quite complicated and time-consuming. Are there any Legal costs in Appealing to a Tribunal? NO There aren’t any legal costs What you can’t use a Tribunal for Some decisions made by a Council can’t be taken to a tribunal i.e. those to do with how frequently your benefit is paid. Tribunals also don’t deal with administrative problems, like if there’s been a delay or lack of courtesy from the council. If you think you’ve been treated badly, you should take this up with the Council’s Customer Service Department. Starting your Appeal to Tribunal You can download a Step by Step Guide from the Ministry of Justice website: http://www.justice.gov.uk/tribunals/sscs/appeals You must ask for an appeal in writing. The council may give you a form to fill in, or you (or your adviser) could write a letter. Make it clear what you are appealing against, and why you think the decision is wrong. If possible, include evidence to support your case. Your appeal form or letter must reach the council within one month of the date on the decision letter. If you miss this deadline, you’ll need to ask the council to accept your appeal even though it’s late. Make sure you explain why you are applying late i.e. if you have been ill. If the Council says you haven’t given enough information When the Council looks at your letter, it might decide that you haven’t given proper reasons for an appeal. The Council may write to you and ask for more information. After that, if the Council still thinks you haven’t given enough information, it will ask the Tribunals Service to decide whether your appeal should go ahead. If theTribunal Service is satisfied that you’ve given enough information, the appeal can proceed. If not, your appeal won’t be allowed. Next stages in Appealing against a decision on your Housing Benefit The next step is for the Tribunals Service, which runs courts and tribunals in England and Wales – to decide whether you have a right to appeal or not. If it says that you do have a right of appeal, your appeal can go ahead. If it says you don’t, you won’t be able to carry on with your appeal. You’ll be sent a ‘pre-hearing enquiry form’ if your appeal is given the go-ahead. You must fill this in and send it back within 14 days. The appeal process will end if you don’t send back the form on time. If you can’t meet the deadline, it’s very important to contact the tribunal and let them know why. The form will ask you what sort of hearing you want. This can be either: Ø An Oral Hearing – You or Your Representative will need to go along to the tribunal. Ø Paper Hearing - You don’t have to attend. An oral hearing gives you a chance to put your case in person and answer any questions about your situation. The form also asks for details of your representative, if you have one. This is so the tribunal can send copies of your appeal papers direct to them. If you need a Translator or Interpreter to attend the hearing, make sure you let the tribunal and your representative know well in advance. Preparing for a Housing Benefit Tribunal Hearing Before the hearing takes place, you’ll need to put together evidence for your case and send it to the tribunal. If you’ve asked for an Oral Hearing, the Tribunal will let you where and when this will be held. They will tell you this at least 14 days before the Hearing takes place. It should be held somewhere you can get to fairly easily. (You will be able to claim travel expenses). If you can’t go because of a medical condition, you can ask for the Hearing to be held at your home. For a Paper Hearing, you won’t be told when it will take place, so make sure you send your evidence in as soon as possible. What happens at a Housing Benefit Tribunal Hearing? The Tribunal will involve the evidence being looked at by a legally qualified judge. They will consider all the facts, take into account what the law says and come to a decision. At an oral hearing, you or your representative will get a chance to explain your situation. If you go to the hearing, try not to be nervous or emotional. Make sure you present the facts as clearly as you can. The council may send someone to put forward their case as well. The judge will usually make a decision that day, or you can wait for the decision to be sent to you in writing. STAGE 3: Judicial Review If you don’t agree with the tribunal’s decision You might be able to appear to another, Higher Tribunal – known as an ‘Upper Tribunal’– if you don’t agree with the decision. It’s only possible to do this if you believe that the Tribunal didn’t apply the law properly. You will need to talk to someone who has specialist knowledge of benefits law, such as a solicitor or a welfare rights officer. Applying for a judicial review of a council’s decision Sometimes it's possible to use a process called 'judicial review' to challenge the council’s original decision in court. Judicial review can only be used to challenge the way the council made the decision, not the actual decision itself. It’s a complicated and expensive legal process, and you’ll need to get help from a solicitor or law centre. Appendix 1 contains Housing Benefit Dispute Form and Guidance (In PDF Format):

Sorry if this is in wrong place or is somewhere else and I haven't seen it. I have just heard that the government is changing the appeal system soon, and that the new system will make it harder to appeal. Is this true or just rumour?

Hi everyone, I've looked through this forum everywhere and I really could not find the answer to my questions so here I am! This is quite a complicated, yet odd situation so bare with me. In October 2012 I applied for IR ESA as I was not eligible from sick pay from my employer due to having a 0 hour contract. I applied because I suffered and still am suffering from Hyperemesis Gravidarum - severe pregnancy sickness which had me hospitalized for weeks. There is a few other complications in my early pregnancy and I was advised to stay off work until at least the HG eased off as it caused me to faint on regular basis and well, I spent months in bed! Anyway, I applied on the 15th of October and got it backdated to the week before. On the 22nd of November I still haven't had a reply so I decided to give DWP a call to see what was going on and whether the claim was progressing or a decision has been made. I was made aware that I failed the Habitual Residence Test. After hours and hours, someone finally called me back to let me know why I failed it in the first place and to see what I can do. I failed the HRT because.. I did not send in any ID with the form but my birth certificate which wasn't enough. I got a bit angry as they could have called me or mailed me and I would have provided my passport up straight away! I was told to appeal the HRT decision, re-apply for ESA again and in the meantime my IR ESA was put through as contribution based and because I only just finished uni and my studies and only worked for a few months, I didn't have enough credits for them to pay anything out. I sent an appeal from straight away, a couple of days later, explaining everything and providing any extra ID they required. 4 days later I received my passport and other IDs back. I called a week or so later to find out my appeal got 'lost'. So I appealed AGAIN and sent a new ESA claim form through and added my partner onto it as his contract at work ran out and well, he was now a jobseeker. My appeal was finally received on the 15th of December and so was my new claim. Nothing much happened with it over Christmas time but then around the 5th of January I received a phone call from new ESA claim department saying that they're emailing a decision maker team to see if the HRT decision can be over turned and my money to finally get paid out. OK, I waited a week and today I got another phone call to say that the decision maker couldn't do much and they had to send off the appeal to Wick (?) and I should have a decision by the beginning of March I'm annoyed as I was pretty much told it'll be granted as soon as they sign off on it. Let me add this to avoid any confusion: - My partner only worked part time and his contract finished on the 1st of December. Since then, he has been unemployed and we have been living off the savings we had. My partner is British. - I'm from Poland but I have lived in the UK since 2001 - Never claimed any benefits until now and I never left the country but for holidays. My whole life is based in the UK, I moved here when I was still a child. - I was also made redundant in November (of course they made it out to be for different reasons than my pregnancy & being off sick) - My sick note runs out in exactly 3 weeks time. I am now a lot better than I was and I'm no longer on IVs. I suffer from SPD but apart from that, my health has almost returned to normal and I would say I could be able to go back to work if certain needs are met (I can't stand for long, it'd have to be a desk job) I worked in Daycare centre beforehand, full time. My question is, what's the best plan of action now? The DWP adviser told me it's probably easier for my partner to apply for JSA and add me onto it so we can claim Housing Benefit (?) and another benefit to help out with the rent. Would my failed HRT affect the claim if it's in his name and I'm just added as a partner? What would happen to my appeal/ESA claim if we did apply for JSA? Would I still receive any money due for the period of my illness? Thank you!

Parking on Private Land Appeals (POPLA) is an independent appeals service, set up in the wake of The Protection of Freedoms Act 2012, for motorists who wish to challenge tickets issued by private companies on private land. POPLA was set up by the British Parking Association (BPA) which represents solely the interests of its members, the private parking companies. The appeals process is described on the official POPLA website here: http://www.popla.org.uk/about.htm It's straightforward and factual, but doesn't always give the whole picture. For example, it says that any appeal decision is binding on the operator, but fails to make clear that decisons are not binding on the motorist. Therefore, before making an appeal to POPLA, you may wish to read a less varnished explanation of the appeal process and the legal enforceability of private parking tickets here: http://www.popla.me.uk/

Rightsnet http://www.rightsnet.org.uk/forums/viewthread/3579/

Afternoon all After becoming ill just over five years ago i had never previously had the need to claim benefits however went through the process then including dal as i was advised to do so at the time by the dwp. I will not bore you with the details of my illnesses and afflictions however in the interim period and up to the present time was awarded incapacity and a host of other benefits such as child tax credits housing and council tax benefits. I was initially refused incapacity however won this back 6 months later after appeal. in addition my initial dal appeal was also refused and despite numerous appeals this was still not awarded until today!!! I had dealing with my case a worker from the local welfare rights service who has persisted with my case as he as well as his superiors were adamant that i should have been awarded benefit. The tribunals service are an absolute shambles in my experience and we have had over the time issues with them losing paperwork, totally disrespectful and downright ignorant appeal panels and that has just been the good side. Most people on appeal panels are jumped up two bit magistrate types who have no real understanding of the real world and are only in it for the self importance or their percieved self importance of the role. Anyway today the welfare rights worker went to the appeal on his own as i was too ill to attend today and he has just informed me that i have been awarded benefit finally. This should mean a substantial back payment which hopefully they will not decide to appeal and its happier days. A five figure sum dropping into my account in the near future is much needed and appreciated My advice to anyone is persist and persist with your appeal and do not give up if you believe you should be awarded what is rightfully yours. I must stress also that i would have rather have had my health back than any of this hassle over the last five years but it will go someway towards making true bad times better In all of this bear in mind that the tribunals service are not in anyway independent as they claim after all they are funded by the government and i have tried to campaign to have this so called independent tag removed from their literature as it is just a joke to claim that they are not independent certainly in respect of dwp appeals Good luck with your own appeals against this dreadful goverment As a footnote to all of this i am not usually superstitous however this morning i did find a shinny penny picked it up and remembered that sometimes when you do that all day you will have good luck!!!. Im off to purchase an online lottery ticket!

I'm hearing that your chances of passing an appeal may increase if you apply for your appeal using a form called a AT37. Hmmmm. What's one of them then, anyone know? I assume it's not the bog standard appeal form but has some critical distinction.

Has anyone got any experience of the tribunal adjourning an appeal when the appellant turns up with no supporting evidence? I have heard that this happens.

I attended a tribunal last year and the appeal was allowed... I have received three letters from DWP yesterday. I assume this is the order they were produced. One tells me I will get £xxx for the period, 17 June 2010 to 11 Jan 2012. The next is a P45 saying I came off ESA on 11 Jan 2012. The last tells me I will get ESA at £67.50 a week from the 12 Jan 2012. £71.00 a week from the 12 Apr 2012 Also I need sick notes until I get a Work capability assessment carried out. Does this mean I am back at the start of the "Merry-go-Round?? What do I do??? Les

Hi, this is a newbie here. Hoping someone can help. I have chronic PTSD, recently diagnosed with substantial anxiety disorder + agraphobia + depression. Also various medical problems incl sleep disorder, sciatica, hiatus hernia... Made application for DLA which was initially refused - DLA used ESA medical to determine this. I then appealed - DLA reviewed decision & stated that entitled to lower rates for Mobility (need someone to help as I get panic attacks in unfamiliar places) and Care (need someone to motivate /remind me to prepare cooked main meal). ESA was refused - had appeal - refused again with NIL points! They failed to take into account my successful DLA application - can they do that? They did not believe that I suffer from stress incontinence (incl bowel)even though this was mentioned in my GP letter to them (which they did not even mention in their Written Statement). What should I now do? Best to appeal but then would it be a rehearing even if I win the appeal? Or should I just make another ESA application? Many thanks, Evamerlin:|

Hi All I have been hit with a Companies house penalty of £375. Just hoped someone in the forum knew of succesful appeals and what grounds are best to use. I personally do my own accounts, on a start up company, and was away for 2 months hence didnt read the notice in time. Any advice would be great Thanks AR