Luton Borough Council

Benefit disputes, appeals and enquiries

If you do not agree with our decision with your benefits find out what you can do.

This page relates to disputes and appeals for housing benefit and council tax reduction.

For other benefit decisions including Universal Credit you need to visit GOV.UK for advice..

Understanding the decision

We send you a letter when there is a change to the amount of benefit you get. This letter explains how the Council has worked out your benefit.
It will include:

your award start date
the amount of benefit awarded
how often it will be paid
a breakdown of how we worked out your entitlement

You should check this letter to make sure that all the details are correct.

If you need help to understand your letter you can use the example Housing Benefit letter. It explains how we work out your benefit and the different sections on your Housing Benefit letter. Find out more on 'Understanding your award' and ‘Frequently asked Questions’.

If you would still like a further explanation of the decision made, you can ask for an explanation (Statement of Reasons).

Ask for an explanation (Statement of Reasons)

If you do not understand or disagree with your benefit decision you can ask for a full written explanation on how the decision was made.
This statement will give you:

written details and reasons for the decision
confirmation of the supporting information used to make the decision
the regulations we applied when making the decision

For housing benefit decisions you must apply within one month of the date of the original decision. There are no time limits when applying for Council Tax reduction statement of reasons.

Please note: time limits can be extended under special circumstances. If there is a delay in making a request, you must provide supporting evidence of the special circumstances.

Ask us to look at the decision again (reconsideration)

If you aren't satisfied with the reasons given and disagree with the decisions, you can ask for us to reconsider or look at the decision again.

You can ask us to revise our decision giving reasons why you think it is wrong.

For housing benefit decisions you must apply within one month of the date of the original decision. There are no time limits when applying for Council Tax reduction statement of reasons.

Please note: time limits can be extended under special circumstances. If there is a delay in making a request, you must provide supporting evidence of the special circumstances.

How to apply

A statement of reasons or reconsideration request must be from the claimant (not a third party unless there is an appointee in place) .

Use our online form below to apply for the following:

housing benefit and / or council tax reduction written statement of reasons
housing benefit and / or council tax reduction reconsideration

Your application must:

be made in writing and include your full name, address and claim reference number
be signed by the person affected by the decision
state the date of the decision that you do not understand or dispute
state what elements of the decision you would like clarified or that you dispute and why
provide evidence where applicable to support your dispute

Dispute or appeal benefits

What to expect

We will endeavour to send you a response within two months of receiving your request.

Having received a response to your request for a housing benefit and / or council tax reduction statement of reasons or reconsideration, if you remain unhappy with the decision as it was not in your favour, you have:

one further month to make a housing benefit appeal with us
two further months to make a council tax reduction appeal directly with the Valuation Tribunal

Appeals

Housing benefit appeal

Your application must:

be made in writing and include your full name, address and claim reference number
be signed by the person affected by the decision
state the date of the decision that you do not understand or dispute
state what elements of the decision you would like clarified or that you dispute and why
provide evidence where applicable to support your dispute
provide the name address of your representative (if applicable) and confirm where you would like correspondence relating to your appeal to be sent

We will endeavour to prepare your case for tribunal as soon as possible after receipt.

Thereafter, the case is no longer in our hands, but dealt with by the tribunal services. These are managed by Her Majesty's Courts & Tribunals Service (HMCTS). For more information please visit the HMCTS website.

The whole appeal process usually takes between six and 12 months.

Dispute or appeal benefits

Council tax reduction appeal

If you think your council tax reduction has been calculated wrongly you can ask us to look at our decision again.

Send your application direct to:
Valuation Tribunal Service
2nd Floor
120 Leman Street
London
E1 8EU

Email: [email protected]

Your application must:

be made in writing and include your full name, address and claim reference number
be signed by the person affected by the decision
state the date of the decision that you do not understand or dispute
state what elements of the decision you would like clarified or that you dispute and why
provide evidence where applicable to support your dispute
provide the name address of your representative (if applicable) and confirm where you would like correspondence relating to your appeal to be sent

Thereafter, the case is no longer in our hands, but dealt with by the valuation tribunal. For more information please visit the Valuation Tribunal website.

The whole appeal process usually takes between six and 12 months.

Enquiry form

Complete our enquiry form

Discretionary Housing Payment (DHP) and/or Council Tax Exceptional Hardship Reduction (CTEHR)

Ask for a review of the decision of DHP

There is no statutory right of appeal against a DHP decision because DHPs are not payments of benefit. A claimant (or their appointee or agent) who disagrees with a DHP decision may dispute the decision.

A request for a review should be in writing to the LA within one calendar month of the written decision about the DHP being issued to the claimant.

Dissatisfied customers have the option of requesting a judicial review and the local government ombudsman is available if the customer believes there has been maladministration.

Request a review of a DHP decision

Ask for a review of the decision of CTEHR

Applicants may challenge a decision by requesting a review within one calendar month of the decision notice where either:

they have not been awarded CTEHR for a day
where they feel the award should be increased

The council may consider a review request if it is made outside one calendar month if the applicant can show continuous good cause for the delay in making the request throughout the period.

Applicants will not have the right to a review where:

the council has already reviewed the application
for any day on which they have received 100% discount or exemption
for any request to backdate the award for more than one calendar month from the date of application
where the council has no remaining budget provision
in any case where the council was under no duty to make a decision

Review decisions are final and may not be further challenged except where legislation permits.

Request a review of a CTEHR decision