Who can appeal?
Who is a Person Affected?
What should you do if you are not happy with the Council's decision?
How do you ask for a revision?
Will the Council notify you of the outcome of a request for a revision?
Statement of Reasons
How do you ask the Appeal Tribunal to look at the Council's decision?
Will you have to attend the Tribunal?
What if you are not happy with the Tribunal's decision?
Who can appeal?
The Council Tax (Decision and Appeals) Regulations 2001 state that any 'person affected' by a relevant decision can ask the Council to revise its decision. It also states that a person affected can appeal against the Council's decision to an independent appeal tribunal.
A relevant decision is any matter concerning a claim for benefit, for example: the amount of benefit payable, the rent eligible for benefit, the calculation of your income or the calculation and recovery of an overpayment. Some decisions, mainly administrative decisions, do not carry a right of appeal. You will be notified if the matter you are disputing does not carry the right of appeal.
A request for a revision means that the Council will look again at its decision regarding a claim for benefit and will make sure that it has been done correctly. An appeal means that a Tribunal, independent of the Council and the Department for Work & Pensions (DWP), will consider the Council's decision.
back to top
Who is a Person Affected?
A person affected is :-
A claimant
Someone acting on behalf of the claimant who is appointed by the Courts
Someone who the Council agrees is appointed to act on behalf of the claimant
A landlord - but only in matters relating to whom payment of Benefit is to be made
An agent - but only in matters relating to whom payment of Benefit is to be made
Any person from whom, it is determined, an overpayment is to be recovered
This usually means that only the claimant can ask the Council to revise a decision concerning the calculation of a claimant's entitlement; and that the landlord or agent can only ask the Council to revise a decision about whether payment should be made to a landlord and whether the decision to recover an overpayment from a landlord or agent has been correctly made
back to top
What should you do if you are not happy with the Council's decision?
You can query the Council's decision and request further information about the decision. The Council will give you an explanation, sometimes over the phone. If you are still not happy you can appeal or request a revision of the Council's decision.
back to top
How do you ask for a revision?
You must write to the Council within one calendar month of the date on the notification letter. In exceptional circumstances the Council will extend the time limit for requesting a decision to be revised. You must write to the Council giving reasons for not requesting a revision at the appropriate time. The Council will not consider a later request for a revision where the request is made 13 months after the decision notice was first issued.
back to top
Will the Council notify you of the outcome of a request for a revision?
After reconsidering its decision the Council will write to you stating that the decision has been changed or that it will stay the same. The Council may request further information from you before it makes a final decision. You must provide the information within 4 weeks of the request.
back to top
Statement of Reasons
You can ask the Council to provide a written Statement of Reasons. The Statement of Reasons does not affect your right of an appeal. The statement will explain how the Council reached its decision. The time taken for the Council to provide the statement may extend the time limit for requesting a revision or seeking an appeal to the Tribunal.
back to top
How do you ask the Appeal Tribunal to look at the Council's decision?
A person affected by a decision may request that the Appeals Tribunal consider the Council's decision. The request must be in writing and must be received by the Council within one month of the date on the decision notification letter. The Council's leaflet explaining the decision-making and appeals procedures contains a form that can be used to appeal.
Where you have previously requested that the Council revise its decision, and have received a reply from the Council regarding the request, you have one month from the date the Council notified the outcome of the request to ask for your case to be considered by the Appeals Tribunal.
In exceptional circumstances the time limit for requesting an appeal can be extended. You must write to the Council giving grounds for not appealing at the appropriate time. A request for an extension of the time limit will not be considered if it is made up to13 months after the notice of decision was issued.
back to top
Will you have to attend the Tribunal?
Tribunals are held locally. The Tribunals Service will write to you to tell you of the date, time and place of their hearing. You will also be asked if they want to attend or whether they would prefer the Tribunal to consider their case being present - this is called a 'paper hearing'.
In most cases the Tribunal will consist of only one panel member who is a legally qualified person. If, however, complicated financial matters are to be considered a financially qualified person will also be present. The Clerk to the Tribunal and the Council's representative may also be present.
back to top
What if you are not happy with the Tribunal's decision?
If the Council or you feel that the decision of the Appeal Tribunal is wrong in law you can seek leave to appeal to the Social Security Commissioners.
Contact us
Revenues Section
PO Box 355
TW3 4PJ
Tel : 020 8583 4242.