Reviews and appeals

This information is only a general guide, and is not a full and authoritative statement of the law. Contact the Benefits Service for more information.

The following explains what you can do if you disagree with a decision the Benefits Service has made.

What can I do if I am not satisfied with how you have worked out my benefit?

If you would like more information about how your benefit is worked out, you must write to the Benefit Service asking for full details. If you are doing this because you are thinking of appealing, you must do it straight away.

There is a one month time limit for appealing, but this will be extended by the amount of time it takes us to send you your details.

What if I am still unhappy with your decision?

You can ask us to look at our decision again by writing to us. The Benefits Service must receive your letter within one month of the date on your notification letter.

We will check again how we have worked out your benefit, then we will write to you with the result and details of any further right of appeal.

If our decision was wrong we will change it.

As long as you have written to us within one month (or have special reasons for any delay), your benefit will be changed from the date of our original decision. If we receive your letter after one month and there were no special reasons for delay, your benefit will usually be changed from the Monday after we receive your letter.

Who can appeal against your decision?

Only certain people have the right of appeal. This is usually only the claimant and, in certain circumstances in a payment direct case or benefit overpayment recovery, the landlord.

If you want to appeal against our decision you must tell us this, in writing, giving us full details of all your reasons for appealing, and sign your letter. The Benefits Service must receive your appeal within one month of the date of the decision letter.

We will check your benefit again. If we agree that it is wrong and the new amount is more, we will change your benefit and your appeal will stop.

If we agree the amount of benefit you get is wrong, but the new amount should be less we will send you details of this. Your appeal will continue, but against the new decision. You will have one month to make any comments against the new decision.

If we still cannot change our decision we will send your appeal to the Tribunals Service. We will also send an explanation of how and why the Benefits Service made its decision. We will also send you a copy of this explanation. The tribunal service will then send you a TAS1 form. If you want your appeal to continue you must fill in the TAS1 and send it back to the Tribunals Service within 14 days.

Late Appeals

If the Benefits Service receives your written request for appeal more than one month after the date of the decision letter, the Tribunals Service may not accept your appeal.

If you are appealing late, as well as giving your reasons for appeal you should give the reasons why your appeal is late. You will be told if your late appeal has been accepted.

The Tribunals Service

Your appeal will be dealt with by the Tribunals Service – it is independent of Thanet District Council.

You will have the choice of a paper hearing – where you do not attend but just send in any further information, or an oral hearing that you can go to, ask questions, and where the tribunal may ask you questions.

As soon as possible after the hearing the Tribunals Service will tell you of its decision in writing.

If you win your appeal, we will change your benefit as soon as possible after the Tribunals Service tells us of its decision.

What if I disagree with the Tribunal’s decision?

If you do not agree with the tribunal’s decision you may be able to appeal to the Social Security Commissioners. To do this you will need to apply to appeal to the Commissioners. The process is complex and you should get qualified advice.

An appeal to the Commissioners can only be made on the grounds that the appeal tribunal made an error in a point of law.

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