Council Tax Benefit - Appeals

The Appeal Process.

When we have made a decision on your claim we will send you a notification letter, which will advise you of the outcome of your claim for Council Tax Benefit.

The letter will advise you of all the details we have used to work out your benefit entitlement and it is important that you check that the information is correct.

You must let us know within one calendar month if you do not agree with the decision we have made on your case.

 The 'person affected' (the claimant and in some cases the landlord) may submit an application for revision within one calendar month of the date of notification of the decision. 

This must include the reasons why the person disagrees with the decision. Normally someone different to the person who made the initial decision on your claim, will undertake a reconsideration on the decision,  to see if a change is required. We would then write to you to let you know the outcome of this.

If you were still not happy with this decision, you have the further right of appeal to the Tribunals Service which is not part of the Council and are an independant body, within one further calendar month.

Once you have appealed a full submission will be prepared and forwarded to the Tribunals Service, a copy of this submission will also be sent to yourself which will include a form for you to complete and forward to the Tribunals Service within fourteen days of the date of the form.

The Tribunals Service will then arrange for a tribunal hearning date where you will be able to attend or a representative can attend on your behalf, if you so wish and explain your circumstances.

The Tribunals Service will then make a decision and notify all of the affected parties.   

The Tribunals Service have their own internet website at http://www.appeals-service.gov.uk/

You can however ask us for a detailed written explanation of how your benefit has been worked out at any time.

But if you do wish to appeal, the time limits mentioned already still apply.

 

The grounds for appeal about banding are restricted to the following cases:

 

•  where you believe that the banding should be changed because there has been a material increase or material reduction in the dwelling's value
•  where you start or stop using part of your dwelling to carry out a business, or the balance between domestic and business use changes
•  where the Listing Officer has altered a list without a proposal having been made by a taxpayer
•  where you become the taxpayer in respect of a dwelling for the first time. (Your appeal must be made within six months, but if the same appeal has already been considered and determined by a Valuation Tribunal, it cannot be made again)

A material increase in value may result from building, engineering, or other work carried out on the dwelling. In these cases revaluation does not take place until after a sale - so the person appealing would usually be the new owner or resident.

A material reduction in value may result from the demolition of any part of the dwelling, any change in the physical state of the local area or an adaptation to make the dwelling suitable for use by someone with a physical disability. In these cases revaluation should take place as soon as possible.

You may also appeal if you consider that you are not liable to pay council tax, for example, because you are not the resident or owner, or because your property is exempt; or that the Council has made a mistake in calculating your bill. If you wish to appeal on these grounds you, must first notify your Billing Authority in writing so that they have the opportunity to reconsider the case.

Making an appeal does not allow you to withhold payment of tax owing in the meantime. If you appeal is successful you will be entitled to a refund of any overpaid tax.

Further details of the appeal procedures (including the role of Valuation Tribunals) may be obtained from the Civic Centre, or the Valuation Office Agency (Inland Revenue), 2nd Floor, Clarence house, Clarence Place, Newport  NP19 7AA. (Telephone 01633 205600).