Understanding our Decision / Making an Appeal

Do you understand our benefit decision?

When we have dealt with your claim for benefit, we will send you a benefit decision letter which will show the information we have used to work out your benefit.  You should check this letter carefully
If you do not understand our decision or you want to know more, you can contact us by telephone on  01527 881288, in writing or you can call into the Customer Service Centre.  If you wish we can also send you a ‘Statement of Reasons’ which will explain how we have worked out your benefit.  You must do this within one calendar month of the date of our decision.  If you ask us more information after this time, we may still explain the decision to you but we may not be able to look at the decision again if you later decide that it is wrong

What if you think our benefit decision is wrong?

If we have explained our decision to you and you think it is wrong, you can ask us to;

• Look at our decision again; or
• Pass your case to an independent tribunal that is run by the Tribunals Service

You must write and tell us why you think your benefit is wrong.  You must also tell us whether you want us to look at the decision again or pass you case to the Tribunals Service

We must get your letter within one calendar month of the date of the decision letter.  The one month time limit does not include any time it takes us to send you a Statement of Reasons

What happens next?

A member of staff who is responsible for making decisions will look at your case again.  They will check your claim thoroughly and take account of any more information you have given in your letter.  We could then;

• Decide not to change the decision
• Change the decision and pay you more benefit; or
• Change the decision and pay you less benefit

We will write to you and let you know what we have decided

If you have asked us to have a look at your claim again and you are still not happy with our decision then you can ask us to pass your case to the Tribunals Service.  You must do this within one calendar month of the date on our benefit decision letter

If we have not changed the decision or if we have decided to pay you less benefit and you have already asked us to pass your case to the Tribunals Service we will do this automatically

The Tribunals Service

If your case is passed to the Tribunals Service you will be sent a copy of the Council’s case and a TAS1 form asking you whether you wish your appeal to be dealt with;

• In writing; or
• By attending in person

You are allowed 14 days to return your TAS1 form.  At the hearing, the Tribunals Service will look at the evidence, the law and the circumstances at the time we made the decision you are appealing against

They will notify you in writing of their decision

More information can be found on the Appeals Service  website.