Should I Appeal?

If you decide that you want to appeal against the decision about your Housing or Council Tax Benefit you must write to us straight away. Your appeal may go to the Tribunals Service who are an Independent Appeals Service.

You must tell us that you want to appeal against the decision. You can use the Appeal form or write us a letter.

• You must write down as much detail as possible about the reasons for your appeal. If you are appealing against more than 1 decision, you must list each decision and your reasons for appealing against each decision.
• You must remember to sign the appeal before you return it to us.
• You must send the appeal to the Benefits Division within 1 month of the date on the decision letter or statement of reasons.

We will check to see if the decision is correct

A different member of staff will review the decision and if the decision is wrong , we will change it. If the decision is correct , we will send your appeal, and an explanation of the law and facts used to make the decision, to the Tribunals Service. This is known as a response.

A copy of the response will be sent to you and your representative if you have one. You should read  the response carefully. If you do not understand anything, ask us, an advice centre or solicitor to explain. Free help and advice is available from organisations like the Citizens Advice Bureau.

The Tribunals Service will send you a form (called a TAS1) which you must complete and return to them within 14 days, or your appeal will stop.

The form also asks you questions about how you want your appeal to be looked at. You may ask for an Oral Hearing or a Paper Hearing.

Oral Hearing

• This is an appeal which you can go to. You may be asked questions and will have the opportunity to ask questions yourself. You may take someone to represent you or witnesses to give evidence. We may also send a representative and/or witnesses. The Tribunals Service will hold your hearing at a venue near your home.
• If you do not attend the Oral Hearing, the tribunal will hear your appeal without you so it is important you let them know if you are unable to attend, as you may be able to arrange another date.

Paper Hearing

• This is an appeal that you do not go to. You will not be told the date of the paper hearing. The appeal will be heard and the Tribunal Service will send you the decision. If the tribunal thinks you need to go to an oral hearing, they can refuse your request for a paper hearing.
  
  If you choose a paper hearing but change your mind, you must write to the Tribunal Service straight away.