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Outlines the procedure for complaining about a housing benefit decision. Explains how to get an internal review and an independent appeal tribunal. Looks at when you won't be allowed to ask for an independent appeal tribunal.
Starting your complaint
Contact the Housing Executive for an explanation of the reasons for the decision. You must contact the Housing Executive within a month of the decision. You can use the Reasons for decision letter.
Send the letter to the Housing Executive District Office dealing with your application. The Housing Executive should reply, explaining the reasons for the decision within 14 days. If you disagree with the reasons you can:
- ask the Housing Executive to reconsider the decision,
- ask an independent appeal tribunal to look at the decision.
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Ask the Housing Executive to reconsider the decision
You must ask the Housing Executive to reconsider the decision within a month of receiving the reasons for the decision. Write to the Housing Executive District Office dealing with your application. You can use the Housing benefit appeal letter.
The Housing Executive will notify you of the outcome in writing within 14 days. The Housing Executive will either:
- confirm the decision, or
- change the decision
If the Housing Executive decides to change the decision your housing benefit will be backdated to the date you made your original claim.
If the Housing Executive decides that the decision was correct you have one month to ask for an independent appeal. The letter from the Housing Executive will explain how to apply for an independent appeal.
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Ask for an independent appeal tribunal
You must ask for an independent appeal within a month of the decision. The independent appeal tribunal is not connected to the Housing Executive. Before the appeal takes place you will be asked if you want to give any more information to help your appeal. Make sure that you include all relevant information on the appeal request form as the tribunal doesn't have to consider facts you raise at the hearing.
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Can I always ask for an independent appeal tribunal?
You can't ask for an independent appeals tribunal for every decision, You won't be able to get an independent appeal tribunal if:
- the decision was about the level of eligible rent,
- the decision was about an interim payment,
- the decision was about a discretionary housing payment,
- the decision was about whether a school or college is a recognised educational establishment.
Get advice if the Housing Executive has told you that you are not allowed to appeal the decision.
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What happens at the independent appeal tribunal
Your appeal can be either a paper hearing or an oral hearing. You or the Housing Executive can ask for an oral hearing. It is usually best to ask for an oral hearing, especially if you feel that the Housing Executive has not considered your circumstances.
Contact an advice agency if you are planning to appear at your independent appeals tribunal. An adviser can help you prepare your case.
Paper hearing
At a paper hearing you do not have to attend the appeal. Your appeal is decided on the basis of the written information that you and the Housing Executive have submitted.
Oral hearing
At an oral hearing you have the chance to explain your case in person.
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I still don't agree with the decision
If you are still unhappy with the appeal decision you may be able to appeal further. You may be able to:
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