The Pioneers statue celebrates the canal builders who founded Ellesmere Port and was cast in bronze by Liverpool artist Stephen Broadbent.
Do you understand our Housing Benefit or Council Tax Benefit decision?
When we have dealt with your claim for benefit we will send you a decision letter. The letter shows the information we have used to work out your benefit and you should check it carefully.
If you do not understand our decision or you want to know more, please get in touch with us and ask us to explain it. You should do this within one calendar month of the date on our decision letter.
If you ask us for more information after this time, we will still explain the decision to you but we may not be able to look at the decision again if you later decide that it is wrong.
We can explain our decision verbally, or if you want us to confirm it in writing we will send you a 'statement of reasons' explaining how we have worked out your benefit.
You can contact us by phone, by e-mail or in writing, or you can call into one of our offices. For contact information, see the bottom of this page.
What can I do if I think your decision about my Housing Benefit or Council Tax Benefit is wrong?
You can do one of two things. You can ask us to:
What do I need to do if I want you to look at your decision again?
You must write to us within one calendar month of the date of the decision letter. If you have only asked for a verbal explanation, we still count the one calendar month from the date of the decision letter. But, if you ask for a written statement of reasons, you will have the one calendar month from the date of the decision letter plus the time we took to send you the statement of reasons.
For example
If there are special circumstances which mean you cannot contact us within one calendar month, we may still be able to change the decision. Tell us what the special circumstances are when you contact us. If you ask us to look at a decision again more than one month after the date of the decision letter and you do not have special circumstances, we may still be able to change the decision. But this will usually only be from the date you write to us. A member of staff who is responsible for making decisions will look at your case again. They will check your claim thoroughly and take account of any more information you have given in your letter.
We could then:
We will write to you and let you know what we have decided. If you are still not happy with our decision, you can ask us to pass your case to an independent appeal tribunal run by the Independent Tribunal Service. You must do this in writing within one calendar month of the date on our benefit decision letter.
If we have not changed the decision, or if we have decided to pay you less benefit and you have already asked us to pass your case to the Independent Tribunal Service, we will do this automatically.
I want to appeal against your decision. What should I do?
You can make an appeal to the Independent Tribunal Service. This must be made in writing and include the reasons for your appeal. This is important because the tribunal does not have to look at anything you do not mention. Make sure that you sign the form or letter. If you need help you can get it from:
When you have written your appeal, send it back to the office shown on your decision letter within one calendar month of the date on that letter.
What happens after I have made an appeal?
We will offer you an explanation of our decision, if we have not already done this. We will also look at the decision again if we have not already done so.
What if I miss the deadline for an appeal?
If you miss the deadline, the Independent Tribunal Service may not be able to accept your appeal if it is received more than one calendar month after the date on the decision letter. They can only accept a late appeal if there are special circumstances for the delay.
This could be something like:
You should explain why you could not appeal in time on the Appeal form or in a letter. A legally qualified tribunal member will look at the reasons you have given for not appealing in time and will decide if your appeal can be accepted.
They will look at:
The Independent Tribunal Service cannot accept a late appeal if the only reason is that you misunderstood the law, or interpretation of the law has changed since the decision was made.
Your appeal cannot be accepted if you appeal 13 months or more after the date on the decision letter.
What is an appeal tribunal?
An appeal tribunal is made up of one or two members who do not work for Ellesmere Port and Neston Borough Council.
Tribunal members will be experts on the issues involved in your appeal, and all tribunals have at least one legally qualified member to help apply the law to your appeal.
Tribunals may also include someone with financial qualifications.
What does the tribunal look at?
The tribunal can only look at the evidence, the law, and the circumstances at the time we made the decision you are appealing against.
The tribunal cannot look at changes of circumstances that happened after we made the decision. If a change of circumstances could affect your benefit or means you could claim again, you should report it to us straightaway. Do not wait for the appeal hearing.
Remember, if the appeal tribunal finds that you have been getting too much money your benefit will be reduced.
What is an oral hearing?
It's an appeal hearing which you can go to. At the hearing:
If you choose an oral hearing but find you cannot go, you must let the Independent Tribunal Service know straightaway. You must have a good reason why you cannot go, such as an illness. You may be able to arrange another date.
If you do not let the Independent Tribunal Service know you cannot go to the hearing, the tribunal may hear your appeal without you. Oral hearings are usually open to the public, but anyone who goes to the hearing will usually be involved in the appeal. You can ask to have your appeal heard in private.
If you live abroad and want an oral hearing, let the Independent Tribunal Service know you want to go to the hearing or want to send someone to represent you.
The Independent Tribunal Service can then arrange for your appeal hearing to be:
Will they pay for my expenses if I go to my appeal hearing?
The Independent Tribunal Service may pay some of your expenses for going to the hearing, for example, travel costs.
If you want more information about expenses, please contact the Independent Tribunal Service office that is handling your appeal.
If you live abroad, you will have to pay your own fares to and from Great Britain. You may be able to get expenses while you are in Great Britain and the appeal hearing is going on.
What is a paper hearing?
This is an appeal hearing that you do not go to.
You should use the form (TAS1) we send you with the appeal papers to add any more information that you think will help your case. Do not delay sending information as you will not be told the date of a paper hearing.
The appeal will be heard, and the Independent Tribunal Service will send you the decision. If the tribunal think they need you to go to an oral hearing, they can refuse your request for a paper hearing.
If you choose a paper hearing but change your mind, you can choose to have an oral hearing. You should write to the Independent Tribunal Service straightaway. Please remember that it might be in your interests to go to an oral hearing because you will be able to deal with any questions or issues that arise.
How will I know what the result of my appeal is?
Whether you have an oral or a paper hearing, you will be told of the result the same way.
You will be given a decision notice explaining the tribunal's decision as soon as possible after the appeal hearing. The Independent Tribunal Service will send a copy to the office that made the original decision. You can also ask for a statement of reasons.
The statement of reasons is an explanation of the tribunal's decision, including the facts and the law used.
You must ask for a statement of reasons within one month of the date you are given, or sent, the decision notice. You must have a copy of the statement of reasons if you appeal to the Social Security Commissioners.
We may not put it right straightaway if we are not happy with the tribunal's decision and decide to appeal to the Social Security Commissioners.
What can I do if I disagree with the tribunal's decision?
You can appeal to the Social Security Commissioners.
The Commissioners are barristers, solicitors or advocates with at least 10 years' experience and are appointed by the Queen on the advice of the Lord Chancellor.
They are independent of both Ellesmere Port and Neston Borough Council and the Department for Work and Pensions.
Who can appeal to the Commissioners?
Appeals can be made by:
What can I appeal to the Commissioners about?
You can only appeal to the Commissioners on a point of law. You cannot appeal to the Commissioners about:
How do I appeal to the Commissioners?
What if my application for a statement of reasons or my application for leave to appeal to the Commissioners is late?
If your application for a statement of reasons, or for leave to appeal to the Commissioners, is late, it can only be accepted if there are special circumstances or special reasons that caused the delay. You will need to show why you were not able to make your request on time.
Where can I get help?
You can get help from the following places:
They can represent you and help you understand the reasons for decisions about Housing Benefit and Council Tax Benefit. They can also help you to fill in forms or to write a letter, and they will sometimes go with you to the tribunal that hears your appeal.
It will help if you show them any letters you have about the decision that you think is wrong.
You can check your local phone book or library for details of all the above organisations.
Solicitors
You may be able to get advice from a solicitor, but check with them whether you can get any help with your costs or whether you'll have to pay.
You cannot get any money for things like solicitors' fees from us or the Independent Tribunal Service.
If you do decide to use a solicitor, you may not get any help towards their costs if they represent you at a hearing. For details of solicitors you should contact the Community Legal Service Directory on 0845 6081122.
What can I do if I don't agree with your decision?
If you don't agree with our decision, you can ask us to look at it again. Our letters tell you what your rights are.
Where can I get further help?
The council offers free, independent, confidential advice on the following benefits:
If you need to find out whether you are eligible for any of these benefits or if you need help completing benefit forms, please get in touch with our Independent Benefit Advisor, Karen Linford.
Phone Karen on 0151 356 6607 or email karen.linford@epnbc.gov.uk
Home visits can be arranged if required.
Advice is also available from Ellesmere Port and Neston's Citizens Advice Bureau
