Appeals

The law allows a 'person affected' to appeal a Housing Benefit or Council Tax Reduction decision issued by local authorities.

Please note: Some decisions relate to administrative procedures and you cannot appeal against them.

A person affected is:

1. A claimant.
2. A claimant's legally appointed representative.
3. A landlord or landlord's agent, but only if they get payments on behalf of a tenant.
4. Any person who has been held liable for an overpayment.

If you are not happy with a decision

A person affected can query our decision in a number of ways:

Explanation

You can have a verbal or written statement of reasons, if you are either:

• Unclear as to what actions the council has taken.
• Uncertain why the decision has been made.

Revision

You can ask for the council looks at its decision again.

Appeal

You have the right to have the decision reconsidered by a tribunal at the Appeals Service. This is independent of the Council.

Please note: You can appeal before getting an explanation or revision.

If you want a decision to be explained

For get a verbal explanation:

• Go in person to: Halifax Customer First.
• or phone: 01422 288003.

At any time you can ask for a statement of reasons to be given in writing.

You can also write to the Council for an explanation.

If you want a decision to be reconsidered

• You must make written representation to the Council within one month of the date of the decision.
• In exceptional circumstances, this time limit may be extended to 13 months.
• Time taken by the Council to give a statement of reasons is not taken into account. This is before you ask for a decision to be reconsidered.
• Once the decision has been reconsidered, the Council will advise you whether the decision has:
  • been changed;
  • or will remain the same.

If you want the decision to be considered by an independent tribunal

• You can ask for the decision to be looked at by an independent tribunal. Note: You do not need to ask for an explanation or reconsideration first.
• You must submit written representation to the Council within:
  • one month of the decision;
  • or one month of the reconsideration decision.
• In exceptional circumstances, this time limit may be extended to 13 months.
• If the decision has not been reconsidered, the Council will do so and then advise you either that:
  • it has changed the decision;
  • the matter will be submitted to the Appeals Service.

To appeal, please complete:

Benefits appeal form

The procedure for appeal

If the Council does not change its decision:

• It will forward you a copy of a submission that is sent to the Appeals Service.
• Return the TAS1 form to the Appeals Service within 14 days if you wish the matter to be heard.
• You will then be advised of a date when the hearing will take place, usually in Leeds.
• You are entitled to have representation to help you with the appeal. (This can be a friend, relation, CAB or legal representative).
• The appeal consists of a legally qualified chairman, yourself and a presenting officer from the Council.
• All parties have the right to provide additional evidence, ask questions and call witnesses.
• A decision will usually be given immediately after the hearing.