FRAM0207-HBCTB
RIGHT OF APPEAL TO INDEPENDENT TRIBUNAL EXTENDED TO HOUSING AND COUNCIL TAX BENEFIT CUSTOMERS
Deputy Minister for Work Malcolm Wicks today told Housing and Council Tax Benefit customers that they can - for the first time - appeal to an independent tribunal when they disagree with a decision made about their benefit.
Mr Wicks said: "We want to make appeals arrangements as fair, efficient and transparent as possible for all benefits customers.
"This new process brings appeals about Housing and Council Tax Benefits decisions into line with decision-making and appeals arrangements for other benefits.
"The legal right of the customer to appeal to an independent tribunal administered by the Appeals Service Agency is one of the fundamental elements of the new scheme."
From today, a customer who is not happy with a decision made about their benefit can ask for it to be reviewed. If the customer is not happy with the review, they can appeal against the decision to an independent tribunal.
NOTES FOR EDITORS
1. Prior to , if a customer (or in certain circumstances a landlord) disagreed with a decision relating to Housing Benefit or Council Tax Benefit he or she could ask to have the claim reviewed. The request for review had to be made within 6 weeks of the date of the Local Authority''s decision. Following review, if the LA decided that the decision was correct, the customer had four weeks to write again and request a further review. The further review was carried out by a Review Board made up of local councillors. Following a Review Board decision, the only option for the customer was to apply for a judicial review.
2. After , a customer (and in certain circumstances a landlord) who disagrees with a decision can ask for the decision to be looked at again or they can appeal. The customer must dispute the decision within one calendar month.
3. If the customer asks the LA to reconsider the decision and the decision is revised, the customer is sent a new decision. If the decision cannot be changed the LA will inform the customer. The customer then has a further month in which to appeal against the decision or the notification from the LA that the decision cannot be changed.
4. Following the appeal hearing, if the LA or the appellant feels that the decision of the tribunal is erroneous in law, then there is the option to seek leave to appeal to the Social Security Commissioners and from there to the higher courts.
Website: http://www.dwp.gov.uk
