Challenging a housing or council tax benefit decision

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

If you receive a letter or an explanation from the housing benefit or council tax benefit department that you do not agree with, there are things you can do. This page tells you what you have to do to get the decision looked at again.

This page gives a basic overview of the revision and appeal process. You can get further advice about challenging a housing or council tax benefit decision from a housing aid centre or Citizens Advice Bureau, your local council or other local advice centre. Use the Advice Services Directory to find agencies in your area.

Can I ask the council to look at the decision again?

If you have received a letter or an explanation from the housing/council tax benefit department that you do not agree with, you can ask for the decision to be looked at again. This is called a revision.

You might want to ask for a revision on a decision about:

• whether you are entitled to housing benefit or council tax benefit
• the amount of benefit you are entitled to
• the date your benefit is paid from.

How do I ask for a revision?

You have to ask for a revision:

• in writing
• within one calendar month of the date on the decision letter or written explanation (if you've requested a statement of reasons).

In your letter you should state why you think the decision is wrong and provide evidence if possible.

For example:

• If your benefit was calculated on the basis that you have two children when actually you have three, you could take along your child benefit award letter, which will show that you have three children. (If you have had a child since the decision was made, see notifying a change of circumstances.)
• If you have received a letter saying that you have been overpaid for a couple of months because the housing/council tax benefit department thinks that you were earning more money than you were, you should provide copies of your payslips for those months.

If possible, hand the letter in and get a receipt. Keep this somewhere safe. If you cannot hand it in, take a photocopy and keep this somewhere safe with a note of the date that it was posted.

You can also apply for an appeal at the same time (see 'the decision has not been changed' below), or you can wait to see if the council changes the decision first.

What happens when the decision is looked at again?

A different person to the one who made the decision should look at the decision and any new information you have provided. You may be asked to provide more information at this time.

You will receive a letter telling you whether the decision has been changed or if the original decision stands.

The decision has not been changed - can I do anything else?

If the decision hasn't been changed, you may be able to ask for an appeal. If you ask for an appeal, someone who does not work for the council will look at the decision again, at an independent tribunal. If you are asking for an appeal it is a good idea to get some advice. An adviser may be able to come to the tribunal with you.

How do I appeal?

You have to ask for an appeal in writing, usually on the council's special form. Ask your housing/council tax benefit department to give you a form if they have not already done so. You will have to state on the form why you think the decision is wrong and provide evidence if possible. You must request an appeal within one month of the date on the letter telling you that the council is not changing the decision. If your application is late, it may still be accepted if you have a good reason for this (for example, because you were ill).

If you requested an appeal at the same time as you requested a review, the appeal should go ahead automatically, although check with the housing or council tax benefit department that this is the case. Before the appeal takes place you will be asked whether you want to give any more information to help your appeal.

I have asked for an appeal - what next?

After you've sent in your application for an appeal, you will be sent a pre-hearing enquiry form, which you need to complete and send back within 14 days. If you don't return the form in this time, the appeal process will end. If you can't get the form back in time, it's very important to contact the tribunal and let them know why.

When you fill the form in, you need to decide whether you want an oral hearing, which you or someone representing you will need to attend, or a paper hearing, which no-one attends. If possible, ask for an oral hearing, as this will give you an opportunity to put your case to the tribunal in person and answer any questions about your situation.

Can someone else represent me at the appeal?

Yes. It's a good idea to ask an adviser from a housing aid centre, Citizens Advice Bureau or welfare rights agency to come with you and speak on your behalf, as they will have experience of attending tribunals and will be able to present your case in the best light. Most councils and some housing associations have welfare rights services you can contact, or you can find an agency near you using the Advice Services Directory.

You can also employ a solicitor to represent you, but you won't be able to get legal aid to pay for this.

If you need a translator or interpreter to attend to help you communicate, make sure you let the tribunal know well in advance.

What happens after I've sent in the pre-enquiry form?

You'll then need to put together evidence for your case, and send it to the tribunal. Again, you can ask an adviser to help you with this.

If you've asked for an oral hearing, you'll then be notified of the date, time and place of your hearing - this will be at least 14 days away. The hearing should be held somewhere that you can get to fairly easily, and you will be able to claim travel expenses. If you can't leave your home because of a medical condition, you can ask for the hearing to be held at your home.

If you've asked for a paper hearing, you won't be told when it will take place, so make sure you send your evidence in as soon as possible.

What happens at an appeal hearing?

An appeal hearing takes place in front of a legally qualified Tribunal judge who is not employed by the housing/council tax benefit department or the Department for Work and Pensions. The judge will look at all the facts again and come to their own decision.

If you chose an oral hearing, you or your representative will get a chance to explain your situation. If you're representing yourself, try not to be nervous or emotional, and present the facts to the tribunal as clearly as you can.

The housing/council tax benefit department may send someone to put forward their arguments as well.

When will I get a decision?

You can usually wait for the chairperson to make their decision that day. If not, they will write to you with their decision.

What if I don't agree with the appeal decision?

If you don't agree with the decision, you can ask for a written statement of reasons within one month of receiving the decision. If you think the decision is wrong, you may be able to ask for it to be set aside. Get advice from a solicitor or welfare rights adviser if you want to do this.

If you're still not happy with the decision, you may be able to appeal to the Upper Tribunal, the equivalent of high court judges, specialising in benefits law. You can only appeal to the Upper Tribunal if you believe that the chairperson did not use the law properly to make their decision. In addition, you must write to the First-tier Tribunal that oversaw the first appeal to ask for permission to appeal. If the First-tier Tribunal refuses, you can write to the Upper Tribunal for permission instead.

Appealing can be a complicated process, and you should only try to do this once you have taken advice from a specialist adviser such as a solicitor or a welfare rights officer.

Where can I get more information and advice on appeals?

The Tribunals Service website has more detailed information on how the appeals process works and what you need to do at each stage, and has advice on filling in the pre-enquiry form, finding a representative, preparing evidence and attending an oral hearing. You can also get help and advice from an adviser at a Citizens Advice Bureau, housing or welfare rights agency - use the Advice Services Directory to find an agency near you.

What if I can't appeal?

Some decisions can't be appealed, for example, decisions about the period of time your benefit should be paid for. In this case, you may be able to go to court using the judicial review process. However, you can only use judicial review to challenge the way the council made the decision, not the decision itself - read the page on judicial review to find out more about how the process works.

Judicial review is a complicated process, and you'll need to get help from a solicitor. Depending on your circumstances, you may be able to get legal aid to help with the costs.

What if I want to make a complaint?

If you're not happy with the way your claim has been handled, you can make a complaint using the council's formal complaints process - there may be information about this on your council's website, or you can ask the council for further details. For example, you may wish to complain if council staff have been rude or uncooperative, or have taken an unreasonably long time to deal with your case.

If you're not satisfied by the council's response, you may be able to take your complaint to the Scottish Public Services Ombudsman.