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This section looks at your options if you are unhappy with the decision of the independent appeal tribunal.
Complain to the Social Security commissioners
If you don't agree with the independent appeals tribunal you may be able to appeal to the Social Security Commissioners. The Commissioners are independent lawyers who are not involved in your original independent appeal.
When can I appeal to the Social Security Commissioners?
You can only appeal to the Social Security Commissioners on a point of law. You won't be able to appeal to the Commissioners about:
- questions of fact
- a tribunal's medical findings
Get advice if you are considering appealing to the Social Security Commissioners. An advice agency can help you work out if you will be able to appeal on a point of law.
How do I appeal to the Social Security Commissioners?
Your decision letter from the independent appeal tribunal will tell you what to do if you are not happy with the decision. It tells you important time limits for your appeal.
You have one month from your independent appeal tribunal to ask for a statement of reasons. This will explain the reasons behind the tribunal's decision. If you don't agree with the statement of reasons you have one further month to ask for permission to appeal to the Social Security Commissioners.
The application form is available in the Social Security Agency leaflet 'GL 24- If you think our decision is wrong' on the Social Security Agency site. You must include the statement of reasons with your application. If you don't include your statement of reasons the Social Security Commissioners may not look at your application.
Get advice if you are considering applying to the Social Security Commissioners. An adviser can tell you whether you have a good case and can help with practical matters such as filling in your application form.
Leaflet 'NIL 260 DMA - A guide to Dispute, Supersession and Appeal' on the Social Security Agency site has more information on applying to the Social Security Commissioners.
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Complain to the Ombudsman
You may be able to get the Ombudsman to look at your housing benefit decision. The Ombudsman will only be able to investigate if the Housing Executive have:
- applied the rules poorly
- applied the rules wrongly
The Ombudsman can't force the Housing Executive to carry out his recommendations, but the Housing Executive will usually follow them. If the Housing Executive doesn't carry out his recommendations you can take it to court.
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Apply for a judicial review
You may be able to apply for a judicial review if the Housing Executive:
- ignored relevant factors while investigating your situation
- refused to review its original decision
If you want to use judicial review you must get permission from the High Court within three months of the independent appeal. The court will decide if the Housing Executive followed the correct procedures when deciding your case. If the court finds that the correct procedures were not followed, the Housing Executive will have to look at your case again.
This does not mean that the Housing Executive will change the decision. It is possible that the Housing Executive will come to the same decision using the correct procedure.
Judicial review is very complicated. You should contact an advice agency for more information before you decide whether or not to start a judicial review. Back to top
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Appealing Housing Benefit And Rates (
