Housing benefit appeals
If you disagree with a decision made by Tower
Hamlets benefits service you can:
- ask for a detailed written explanation (called a statement
of reasons)
- ask us to look at the decision again
- appeal the decision and ask for it to be looked at by the
tribunals service
How to make an appeal
You must make your appeal in writing by one of the following
methods:
- write to the benefits service stating the date of the
decision you are disputing and giving your reasons
-
complete an appeal form online
- complete a paper appeal form available from the council’s
One Stop Shops or by telephoning the benefits service on 0207 364
5001
- print an appeal form that you have downloaded, complete it and
return it to the benefits service or your nearest One Stop
Shop
Further information is available on the appeal
form.
You can ask someone to help you write your
appeal but you must still sign it. You may find it useful to get
help from an advice centre such as a Citizens Advice Bureau.
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Time limits
You must make sure your request reaches us
within one calendar month of the date of the decision being
disputed.
If you ask for a statement of reasons first
any time spent providing the statement of reasons will not count
towards the one month time limit.
If you delay longer than one month your
appeal may still be considered. However you must
explain, in writing, the reason for the delay at the same time
that you make your appeal. We will decide if this is
reasonable before looking at your appeal.
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Which decisions can be appealed?
Appealable decisions include those about:
- your income, your savings, who lives in your household
- how much of your rent is taken into account
- when your entitlement starts/ ends
- when a change of circumstances starts being taken into
account
- an overpayment and the recovery of an overpayment
Non-appealable decisions include those
about:
- your rent if it is as a result of a decision made by the rent
service or the amount of the local housing allowance set by the
rent service
- the amount of social security benefits you are getting
- the information and evidence you are required to provide as set
out in the benefit rules and regulations
- the benefit rules and regulations themselves
- where we make a decision not to accept a late request from you
asking it to reconsider an earlier decision
We will write and tell you if you
dispute a non-appealable decision.
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What happens next?
- If the decision can be changed in your favour you will be
notified and your existing appeal will not proceed any further.
(You have a new right of appeal against this decision).
- If the decision is changed but you get less benefit as a
result, you will be notified but your existing appeal will still
proceed
- If the decision cannot be changed you will be notified and your
appeal will still proceed.
If your appeal proceeds we will
write a submission explaining how the decision was
reached and answer any queries you have raised. This is
sent to the tribunals service and a copy is sent to you (and your
representative if someone is helping you).
A letter and pre-paid envelope will also
be sent. The letter asks you to confirm that you still wish to
proceed with your appeal and if you want to attend the
hearing. If you do, you must tick the check
boxes on the letter and return it in the pre-paid envelope. If
you do not the tribunals service will assume you do not want
to go ahead with a hearing and will not arrange one.
Upon receipt of the submission and your
confirmation letter the Tribunals Service will arrange a
hearing.
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The tribunal hearing
A tribunal usually consists of just one person
– the Tribunal Chairman. Although the tribunal is a formal hearing
it is not like a court of law. It's purpose is to ensure that
we have applied the benefit rules correctly.
You and/or your representative can attend the hearing
to explain your appeal. An officer from Tower Hamlets benefits
service can attend to explain how the decision was reached.
However, neither party has to attend and the Tribunal
Chairman will still consider your appeal on its merits.
At the end of the hearing the Chairman will
make a decision and give a written copy to you
and the council officer. A copy of the decision will be posted
to you and the council officer depending upon who attended.
The tribunals service is not part of the
council. It is independent and makes it's decisions based upon the
law and the information made available to it.
Find out more about the tribunals
service.
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How to contact us
Tower Hamlets operates a centralised benefit
claims processing service and a dedicated benefits call centre both
based at the Town Hall where all postal, email and telephone
enquiries should be directed. Home visits can be arranged if you
are housebound and do not have anyone who can help you.
Benefits Service
London Borough of Tower Hamlets
Mulberry Place
5 Clove Crescent
London
E14 2BG
Tel: 020 7364 5001
Fax: 020 7364 7048
Email: benefits@towerhamlets.gov.uk
Personal callers should visit their nearest One Stop Shop to
hand in claim forms, obtain receipts and have original evidence
photocopied.
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