Appeal a Housing Benefit decision

For an appeal to HMCTS you must:

• Make your appeal in writing
• Make sure it is signed by you, even if the appeal is being made by a representative on your behalf
• The appeal must be made within 1-month of the date on your decision letter
• If the request is being made outside 1-month, you must give your reasons why it is late
• Confirm the date of the decision you wish to appeal and give your reasons why you think the decision is wrong
• Send your request to the Appeals Team at the office shown on your decision letter.

Late Appeals to HMCTS

• If the appeal is late HMCTS may decide not to accept it – it is therefore important that you explain why your appeal is late.
• HMCTS will decide whether they can accept your late appeal
• An appeal made more than 13 months after the decision date may be refused because this is the maximum time allowed to make an appeal 

What happens when you appeal to HMCTS?

• We will firstly reconsider the decision that you appealed
• If we change the decision, we will write and tell you of the revised decision and explain what you can do next
• If the decision is not changed, we will send your appeal to HMCTS
• A copy of the appeal papers, which are sent to HMCTS, will also be sent to you. These will set out the decision that has been made, explain the reasons for the decision and include any relevant documents.
   HMCTS will then contact you with regards to what happens next

The HMCTS Hearing 

• The Tribunal panel is made up of legally qualified people who act independently to the Local Authority 
• It is your opportunity to present your case to the Tribunal
• It is very important that you give the reasons why you are appealing because the Tribunal does not have to look at anything that you do not mention in your appeal
• The Tribunal can only look at the evidence, the law, and the circumstances at the time the decision was first made
• The Tribunal will usually make its decision at the Tribunal Hearing or shortly afterwards and will notify you of the decision in writing.

If we have not yet sent your appeal to HMCTS you must write to us and tell us that you want to stop your appeal.

If your appeal has been sent to HMCTS, you must write to them to ask them to stop your appeal. The TAS1 form has a section on it where you can put that you want to withdraw your appeal, should you decide to do so.

Advice Centres, Welfare Rights and Law Centres can represent and help you to understand your Housing Benefit and can assist with an appeal 
They may be able to go with you to the Tribunal Hearing.

You may be able to get help from a solicitor but you need to check what help you can get as you cannot get any money for solicitors fees from us or HMCTS

• Nottingham Law Centre: 0115 978 7813
• Bestwood Advice Centre: 0115 962 6519
• St Anns Advice group: 0115 950 6867
• Bulwell Advice Centre: 0115 915 1500
• Citizens Advice Bureau: 0115 938 8050 – check tel number 0808 278 7974
• Welfare Rights: 0115 915 1355