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Challenging a housing benefit decision can be complicated. Get specialist advice if you are planning to complain about the decision.
When can I complain?
You may disagree with your housing benefit decision for a number of reasons. You might want to appeal a decision about:
For example, the Housing Executive decided that:
- you don't live at the address you gave in your application;
- you got rid of your income or savings to get housing benefit;
- you didn't give enough information to allow it to make a decision.
Get specialist advice if you think that the Housing Executive has made a mistake about your housing benefit. You must ask the Housing Executive to look again at the decision if you want to get housing benefit.
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Ask for an explanation of the decision
Ask the Housing Executive to write to you explaining the reasons for the decision 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 within 14 days.
If you disagree with the reasons, you can ask the Housing Executive to reconsider your application within a month of the receiving the written reasons.
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Ask the Housing Executive to reconsider your application
Within one month of receiving the decision, you can ask the Housing Executive to reconsider the decision. Write a letter to the Housing Executive District Office dealing with your application. You can use the Housing benefit appeal letter.
It is a different member of staff who deals with your appeal, not the person who made the origina decision. The Housing Executive will tell you the decision in writing. The Housing Executive can:
- confirm the original decision;
- change the original decision;
- leave the original decision unchanged.
If successful, your housing benefit will usually be backdated to the date of the original claim.
If the Housing Executive decides that the decision was correct you have one month to ask for an independent appeal. You won't be able to ask for an independent appeal 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.
Contact an advice agency if the Housing Executive has told you that you are not allowed to appeal the decision.
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Appeal the Housing Executive's decision
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.
Your appeal can be either a paper hearing or an oral 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.
- At an oral hearing you have the chance to explain your case in person.
Either 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.
The independent tribunal will decide whether to change the decision about your housing benefit or not. If you are still not happy with the appeal decision you may be able to appeal further.
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