Housing Benefit Appeal Form Page 3

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Guidance notes
Your appeal
You can only win an appeal if you can show that the decision we have made is based on facts which
are incorrect, or can produce new facts, which would affect the decision and which have not been
taken into account, or you can show that the Housing Benefit regulations would allow us to come to a
different decision. These are all technical issues and nothing to do with what is fair or reasonable.
Professional advice
It is advisable always to consult a welfare rights organisation, before completing this form for their
advice on these technical issues. An experienced and competent welfare rights advisor can look at
your case and either advise you that the decision we have made is correct, or quickly pinpoint any
weaknesses in our case which would give you a chance of winning, or actually identify an error.
For additional help including contact information for advice agencies visit:
A careful check before the appeal
If we have not already completed a review of our decision, this will be done automatically when we
receive your appeal form. If your advisor has already found an error, then we will change our decision
so that an appeal may not be necessary. Our appeals officers will also examine your case very
carefully and, if they find any errors, will always ask for the decision to be revised. Only if they are
sure our decision is correct, or see the decision as reasonable even if open to argument, will they
submit the case to the Tribunal Service.
Which decision?
When completing the form you must clearly identify the decision you are appealing against by giving
the date of the decision and a description. There are boxes in part three, for both of these items.
What’s wrong with it?
You must also say exactly what mistake you think we have made in terms of the facts, and the
regulations. Housing Benefit appeals are not decided on emotional issues. They are not decided on
what might seem fair or reasonable, and neither will the Tribunals Service be able to take your
financial difficulties into account. You must stick to the facts, and the technical issues, which is why it
is so important to get professional advice.
Do it yourself
Finally, you must sign the form yourself. Your representative cannot sign it on your behalf. Ideally the
form should be completed and signed by you. Your advisor can tell you what to say, or even
compose your statement for you, but it should at least look as if you had written or typed it yourself. It
should read “I wish to appeal” not “I am appealing on behalf of my client”, or “my client wishes to
appeal”. The regulations say that the appeal must be made by the appellant and must be signed by
the appellant, so this is how it should be.

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