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Queries and Appeals

What should you do if you do not understand our decision?

We want to be sure that you are getting the right amount of benefit. Therefore, when we have worked out your benefit we will send you a decision letter. You should check this letter carefully.

If you do not understand our decision letter, or you want to know more, then you should contact us for an explanation.

You can ask for more information or a more detailed explanation in the following ways:

  • Telephone 01246 242436;
  • Write to us at The Benefits Department, Sherwood Lodge, Bolsover, Derbyshire, S44 6NF;
  • Email benefits@bolsover.gov.uk

You also have the right to request a full written statement of reasons explaining what we have done.

Do you think our decision is wrong?

As soon as you get our decision letter you may think we have made a mistake. You can ask for more information before deciding if we have made a mistake, but you do not have to.

If you think that we have made a mistake you can request the following:

  • That we look at our decision again, or
  • That we pass your case to an independant tribunal, that is run by the Tribunals Service, by appealing against the decision.

If you want us to look at our decision again, or if you want to appeal, you must write and tell us why you think our decision is wrong. Your letter must be received within one calendar month of the date of the letter notifying you of the decision.

You can download a link icon 'request to look at my benefit' form. This can be used to ensure that you provide all the neccesary information. You must complete this and return it to us along with any evidence in support of your request.

However, if you have requested a full statement of reasons you have one calendar month from the date of the original decision letter, plus the time it took for us to send out our 'statement of reasons', to decide if you think our benefit decision is wrong.

If you ask us to look at a decision again, more than one calendar month after the date of our decision letter, you should tell us what has prevented you from writing to us earlier.

I have submitted a written request, what happens next?

We will check your claim thoroughly and take account of any more information you have provided with your written request. It may also mean that we have to contact you for further information.

We could then:

  • Change our decision and pay you more benefit;
  • Change our decision and pay you less benefit; or
  • Decide the decision is already correct and therefore make no changes.

In any of the above cases we will write to you to let you know what we have decided and the reasons for the decision.

If you have asked us to look at your case again, and you are still not happy with our decision, you can still appeal. Your case will then be referred to the Tribunals Service. You must do this in writing, within one calendar month of the date of our decision letter.

If you appealed we will pass your case to the Tribunals Service. We will do this if we have not changed our decision or if we have changed our decision and we are now paying you less benefit.

If your appeal is late, and we do not accept your reasons for the delay, your case will still be passed to the Tribunals Service for consideration.

 

The Tribunals Service

If your appeal is passed to the Tribunals Service you will be sent a copy of our submission explaining why we have made the decision.

You will then get an enquiry form from the Tribunals Service. The purpose of this form is to help them arrange a suitable hearing for your appeal. The form will ask if you want your appeal to be dealt with:

  • In writing, or
  • In person

You will have 14 days to return the enquiry form. If you do not return the form to the Tribunals Service within the designated time frame then they might not look at your appeal.

You also have the right to take a representative to the hearing with you. If your case goes to a tribunal hearing you should try to attend. This is because you will have a better chance of success if you are at the hearing.

In most cases the Tribunal will consist of only one panel member, who is a legally qualified person. This person is known as the Chairman, and they will decide how the hearing is conducted.

The hearing is quite informal, with the Chairman leading the proceedings and asking questions. Normally the Chairman will tell you the decision on the same day.

Last Updated on Wednesday, 30 June 2010 12:55

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