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Your housing benefit application may be turned down for a number of reasons. If you don't agree with the decision, you may be able to challenge it. This section outlines the process for appealing the decision.
When can I challenge the decision?
You can ask the Housing Executive to review most housing benefit decisions. You might want them to look again at a decision about:
- whether you get housing benefit;
- the amount of housing benefit you get;
- the date your housing benefit starts.
Get advice if you think that the Housing Executive has made a mistake about your housing benefit.
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How do I challenge it?
If you want to challenge the decision, you should first ask the Housing Executive to provide you with a written statement of reasons, explaining their decision in more details. You need to request this statement within a month of the date on your decision letter.
You can use Housing Rights Service's  Reasons for decision letter to ask for further information from the Housing Executive. Send the letter to the Housing Executive District Office dealing with your application. The Housing Executive should reply explaining the reasons within 14 days.
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What if I don't agree with the reasons for decision?
If you disagree with the reasons in the statement, you can ask the Housing Executive to review your application within a month of the decision. Write a letter to the Housing Executive District Office dealing with your application, asking for a review.
The Housing Executive will notify you of the outcome in writing within 14 days. The Housing Executive will either:
- confirm the decision;
- change the decision.
If the Housing Executive decides to change the decision your housing benefit will usually be backdated to the date of the original decision.
If the Housing Executive decides that the decision was correct, but you feel they are wrong, you may be able to appeal.
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How can I appeal?
You can appeal a decision within one month of the date of your original notification letter or the date of the reviewed decision. You can still appeal even if you have already asked for reasons for decision or review.
To appeal against a decision, you must write to the Housing Executive saying which decisions you are appealing against and give them reasons for doing so. You can use Housing Rights Service housing benefit appeal letter to help you through the process.
However, keep in mind that you won't be able to ask for an independent appeal if:
- the decision was about the level of eligible rent
- the decision was made on the basis of local reference rent or local housing allowance rates
- 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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Getting an independent appeal
Once you send a letter to the Housing Executive, the Appeals Service will arrange for a hearing by an independent tribunal. The independent appeal tribunal is made up of people 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. 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. Get advice if you are planning to appear at your independent appeals tribunal.
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.You can also have a relative, friend or representative with you.
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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:
The rules on when you can appeal are complicated. Get advice if you want to appeal further.
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