What if I disagree with the decision?

Do you think the decision about your Housing Benefit is wrong?

When you are notified by the Council of a decision that we have made about your benefit, you have a right to appeal if you think that we are wrong.

If you disagree with a decision it is important that you contact us straight away. You have one calendar month in which to either ask us to reconsider the decision, or to make a formal appeal against the decision.

Asking for a decision to be reconsidered

You can contact us by e-mail, telephone, in writing or visit in person to ask us to reconsider a decision.

You are also entitled to ask for a written statement of reasons for our decision, if we have not already sent you one.

What happens after the decision is looked at again?

If we agree to change the decision we will send you a new decision.

If we cannot change the decision we will tell you why in writing.

You have one month from the date of this new notification to make a formal appeal, if you still disagree with the decision.

How do I appeal?

You must make your appeal in writing to the Council. It is important that you write down all the reasons for your appeal because the tribunal does not have to look at anything you do not mention in your written appeal. You must also sign the letter.

You can also use the form below to submit an appeal if you wish

Your written appeal must received within one calendar month of the date of our decision letter.

Appeals are heard by an independent tribunal. The Tribunal Service will decide your appeal at a Tribunal Hearing. The Tribunal is made up of people who are not from the Local Authority.

You can get help from an independent advice service, such as the Citizens' Advice Bureau or a solicitor.

Time limits on appeals

The Tribunal Service may not be able to accept your appeal if it is received more than one month after the date on the decision letter.

They can only accept a late appeal if there are special circumstances that caused the delay. These could be a death, a serious illness, absence abroad, a postal strike or some other special reason.

If you are making an appeal more than one month after the decision date your must explain why the appeal is late. A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted.

Your appeal cannot be accepted under any circumstances if you appeal 13 months or more after the date on the decision letter.

What happens at the Tribunal Hearing?

If you appeal the Tribunal Service will contact you to tell when the hearing is, and what you need to do.

What can the Tribunal consider?

The tribunal can only look at evidence, the law and the circumstances at the time we made the decision you are appealing against.

Changes of circumstances that happened after we made the decision cannot be taken into account.

If there is a change in your circumstances that may affect your benefit, or means you can now claim, you should report this to the Council straight away. Do not wait for the appeal hearing.

The Result of the Hearing

The Tribunal may make its decision on your appeal at the end of the hearing. You will be given the decision in writing either on the day of your hearing or by post within two working days.

A copy of the decision notice will be sent to the Council's Benefit Office so that we can make any changes necessary as a result of the Tribunal’s decision.

If your appeal is successful, we will alter your benefit as soon as we receive our copy of the Tribunal’s decision.

Contact Details

Benefits
E-mail benefits@wigan.gov.uk
Opening Hours 8.45 am to 4.30 pm Monday to Friday
Phone Number 01942 828644
Textphone (Minicom) 01942 828725
Fax 01942 828613
Address Council Tax Offices, Moore Street East, Wigan, WN1 3XN
Location