Chapter 20: Disputes, Revisions and Appeals

Managing Housing Benefit Claims in Supported Housing | Part D: Process and Practice

The law

Step	Rule	Reference
Who can challenge	A person affected: the claimant, a deputy, attorney or appointee, a person from whom an overpayment is recoverable, and a landlord for decisions on direct payment	D&A Regulations, regulation 3
Revision on application	Within one month of notification, or longer under regulation 5	D&A Regulations, regulation 4(1)(a)
Revision by the council	Within one month if it has information showing a mistake of fact; at any time for official error	D&A Regulations, regulation 4(1)(b) and (2)
Late revision	In writing, within 13 months, with special circumstances and merit	D&A Regulations, regulation 5
Supersession	For a change of circumstances, or other specified grounds	D&A Regulations, regulation 7
Appeal	Sent to the council within one month of notice of the decision; extended where reasons are requested or a revision is refused	FtT SEC Rules, rule 23(2)(a)
Late appeal	Treated as in time if no one objects; no appeal more than 12 months after the time limit	FtT SEC Rules, rule 23(4), (5) and (8)
Council’s response	As soon as reasonably practicable, with all relevant documents	FtT SEC Rules, rule 24(1A) and (4)
Lead cases	The tribunal can choose lead cases and stay related ones	FtT SEC Rules, rule 18
Tribunal’s approach	Need not consider issues not raised; must not consider circumstances not obtaining at the date of decision	CSPSSA 2000, Schedule 7, para 6(9)
Upper Tribunal	Permission to appeal on a point of law, applied for first to the First-tier Tribunal within one month	FtT SEC Rules, rule 38; UT Rules, rule 21

“D&A Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. “FtT SEC Rules” means the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008. “UT Rules” means the Tribunal Procedure (Upper Tribunal) Rules 2008. “CSPSSA 2000” means the Child Support, Pensions and Social Security Act 2000.

The overriding objective. The tribunal must deal with cases “fairly and justly”, which includes dealing with them proportionately, “avoiding unnecessary formality”, and avoiding delay. The parties must help the tribunal to do so and co-operate with it generally (FtT SEC Rules, rule 2) (legislation.gov.uk).

20.1 Informal resolution and requests for reconsideration

Start with a conversation. Many decisions in supported housing are made on incomplete evidence, or on a misunderstanding of how the scheme works. A call between the named contacts (Chapter 17, 17.3), with the decision letter in front of them, often identifies the problem within minutes.

What informal resolution can do. It can identify a missing document, correct a misunderstood fact, narrow the issue to one service charge or one tenant, or agree what further evidence the council needs. It can lead to a revision without the need for an appeal.

What it cannot do. It does not stop the time limits. If a decision has been made, the tenant, or the provider on the tenant’s behalf, should ask for a revision or appeal within one month, and say that discussions are continuing (Chapter 17, 17.3). It is better to lodge in time and withdraw than to lose the right.

Ask for reasons first where they are unclear. A request for a written statement of reasons within one month extends the time for an appeal (rule 23(2)(a)) and often answers the question (Chapter 19).

A good request for reconsideration.

Element	Content
The decision	Date, tenant, claim reference and what was decided
The point in dispute	The specific finding or conclusion that is wrong
Why it is wrong	The law, the case and the facts, with paragraph references
The evidence	Any new or overlooked evidence, attached and indexed
What should happen	The decision the council should make instead
Authority	The tenant’s written authority, where the provider acts for them (20.5)

For councils. Look at a request for reconsideration with fresh eyes, ideally through an officer not involved in the original decision. Where the new evidence or argument shows the decision was wrong, revise it promptly. Where it does not, say why, specifically (Schedule 9, para 4; Chapter 19).

20.2 Revisions, supersessions and time limits

Revision or supersession. The difference matters, because it decides the date from which the new decision takes effect.

	Revision	Supersession
What it does	Changes the original decision from its start	Replaces the decision from a later date
Typical grounds	Application within time; mistake of fact; official error	Change of circumstances; specified other grounds
Effective date	The date of the original decision	Usually the date of the change, or of the application (D&A Regulations, regulation 8)
Example in supported housing	The council wrongly treated intensive housing management as ineligible	The scheme’s support model changed from a later date

Revision on application. A person affected can apply within one month of notification of the decision (regulation 4(1)(a)) (legislation.gov.uk).

Late applications. The time limit can be extended if the application is made in writing within 13 months, the council is satisfied it is reasonable, the application has merit, and special circumstances made it impracticable to apply in time. Ignorance of the law or of the time limits does not count, and the longer the delay, the more compelling the circumstances must be (regulation 5) (legislation.gov.uk).

Revision at any time. The council can revise a decision at any time where it arose from an official error, or where a mistake of fact made it more advantageous than it should have been (regulation 4(2)). “Official error” has a defined meaning in the regulations, and an error that is only shown to be one by a later Upper Tribunal or court decision is not included.

Supersession. A decision can be superseded where circumstances have changed or are expected to change (regulation 7). In supported housing, this covers changes to the support provided, the rent, the landlord or the tenant’s needs (Chapter 18). A supersession that is advantageous to the tenant generally takes effect from the date of the change only if it was notified within one month (regulation 8(3); Chapter 18, 18.4).

Appeals and revisions together. An appeal made in time is also treated as an opportunity for the council to revise the decision (regulation 4(1)(c)). Where the council revises the decision in the appellant’s favour, the appeal lapses (Chapter 2, 2.7).

Time limits for appeal. The notice of appeal must be received by the council no later than the latest of: one month after notice of the decision was sent; 14 days after the later of that month ending or a written statement of reasons being provided, where reasons were requested in time; or one month after notice that the decision would not be revised, where a revision was refused. A late appeal is treated as in time if no one objects, but no appeal can be made more than 12 months after the time limit, and the tribunal cannot extend that (rule 23) (legislation.gov.uk).

Contents of the notice of appeal. It must be signed by the appellant and state their name and address, any representative, an address for documents, the decision appealed, and the grounds (rule 23(6)).

20.3 First-tier Tribunal appeals: preparing bundles and responses

The council’s response. Where an appeal is made to the council, it must send its response to the tribunal as soon as reasonably practicable. The response must say whether the council opposes the appeal and on what grounds, and must include the decision, any statement of reasons, the notice of appeal and “copies of all documents relevant to the case in the decision maker’s possession” (rule 24(1A), (2) and (4)) (legislation.gov.uk).

Check the decision before defending it. Before sending the response, the council should ask whether it would make the same decision today on the same evidence. If not, it should revise. A tribunal will see the gaps, and defending a decision the council no longer supports wastes everyone’s time.

A good bundle.

Section	Content
Index	Every document, with page numbers
The decision	The decision notice, any statement of reasons, and any revision decision
The appeal	The notice of appeal and grounds
The council’s submission	The facts, the issues, the law applied and the council’s reasons, with references to the bundle
Scheme evidence	The relevant parts of the scheme file (Chapter 13)
Claimant evidence	The referral, needs assessment, support plan and records for this tenant (Chapter 14)
Correspondence	Requests for information and replies (Chapter 12)
Law	The regulations and the main cases relied on

Keep it relevant. The duty is to include all relevant documents, not every document. Large bundles of irrelevant material make hearings longer and decisions harder. Where scheme-level documents are common to many appeals, agree a common bundle (20.5).

Data protection. Bundles go to the tribunal and the parties. Remove personal data about other tenants unless it is relevant, and its inclusion is justified.

The provider’s role. Where the provider represents the tenant, it should send a written submission that responds to the council’s points, with an indexed bundle of its evidence, in good time before the hearing. Witness statements should come from the people who know the facts, such as the scheme manager or support worker.

Witnesses. Councils should decide early whether they will rely on evidence from a person who will need to attend, such as a commissioning officer or housing officer. Council decision-makers do not have to give evidence about their own decisions (FYE v Middlesbrough City Council and GPZ v Sunderland City Council [2026] UKUT 157 (AAC); Chapter 11). Where a party relies on a witness statement, it should expect that the witness may need to attend (20.6).

Hearings. The tribunal is inquisitorial and informal, and it may look to the council for further evidence it needs (BM, para 59). Both sides should attend prepared to explain the scheme and the evidence in plain terms.

Costs. Costs are not normally awarded in Housing Benefit appeals. Each side bears its own.

20.4 Upper Tribunal appeals on points of law

Only on a point of law. An appeal to the Upper Tribunal lies only on a point of law, such as a misdirection on the law, a failure to give adequate reasons, a decision no reasonable tribunal could reach on the evidence, or a procedural unfairness (Tribunals, Courts and Enforcement Act 2007, section 11). Disagreement with the tribunal’s findings of fact is not enough.

Permission. The appellant must first apply in writing to the First-tier Tribunal for permission, within one month of the latest of the dates the tribunal sends the decision notice or written reasons (FtT SEC Rules, rule 38(3)) (legislation.gov.uk). Asking for written reasons promptly is usually essential. If the First-tier Tribunal refuses permission, the appellant can apply to the Upper Tribunal, usually within one month of the refusal being sent (UT Rules, rule 21) (legislation.gov.uk).

What the Upper Tribunal can do. It can set aside the decision and either remake it or send it back to a new First-tier Tribunal (Tribunals, Courts and Enforcement Act 2007, section 12). Its decisions on points of principle bind councils and the First-tier Tribunal (Chapter 4).

When to consider it. Upper Tribunal appeals take time and cost money on both sides. They are worthwhile where a point of law matters beyond the individual case, for example the meaning of “more than minimal” or the treatment of intensive housing management. Councils and providers should consider together whether a point is suitable for a lead case at that level.

Effect on other claims. While an appeal against an Upper Tribunal or court decision is pending in another case, the council may suspend affected awards (D&A Regulations, regulation 11(2)(b)(ii); Chapter 18, 18.5). It should use that power sparingly, and only where the outcome would genuinely affect the award.

20.5 Who can appeal: landlords and persons affected

The rule. Only a person affected can ask for a revision or appeal. Regulation 3 of the D&A Regulations lists them, and the list is exhaustive (Salisbury, paras 95, 116 and 128) (BAILII).

Wirral MBC v Salisbury Independent Living Ltd [2012] EWCA Civ 84. Decided by the Court of Appeal on 9 February 2012, with Hughes LJ giving the leading judgment. Salisbury Independent Living, a not-for-profit landlord, brought appeals on behalf of around 60 tenants, but had no signed authority from ten of them (para 7). The Court held that:

• a landlord is a person affected only for decisions on direct payment under regulations 95 and 96, “although not against any other housing benefit decision concerning the same tenant (and thus not, for example, against a decision fixing the amount of benefit)” (para 62)
• regulation 3 “provides the exhaustive definition of ‘person affected'” (para 116)
• the landlord was “not a party to any of these sixty appeals, although it can of course act on behalf of all but the ten missing tenants” (para 128)

What this means in practice.

• A provider can represent tenants in revisions and appeals about eligible rent, exempt status and service charges, but the tenant is the appellant.
• The provider needs the tenant’s written authority (Chapter 19, 19.3). Without it, there may be no valid appeal.
• Where a tenant has left, died or cannot be traced, the provider cannot appeal in its own name. Deputies, attorneys and appointees can act for tenants unable to act themselves (regulation 3(1)(b) and (c)).
• The provider has its own rights where the decision is about direct payment or recovering an overpayment from it (Chapter 21).

Managing appeals across a scheme. Where a scheme-level finding affects many tenants:

1. The provider collects authorities from each tenant who wishes to challenge, explaining what it means.
2. The council and provider agree which appeals best represent the issues.
3. Either side can ask the tribunal to direct lead cases and stay the related ones (rule 18). The lead decision then applies to the related cases unless a party applies within one month for a direction that it does not (rule 18).
4. The council and provider agree a common bundle of scheme evidence.
5. After the lead decision, the council applies it to every affected claim, including those not appealed, by revision or supersession where the law allows (Chapter 19, 19.2).

An example. In FYE and GPZ, two lead cases were decided by the Upper Tribunal from a block of 34 appeals (decision; Chapter 11).

20.6 Tribunal procedure in rent cases: the date of decision, later evidence and untested evidence

The date of decision. The tribunal “shall not take into account any circumstances not obtaining at the time when the decision appealed against was made” (CSPSSA 2000, Schedule 7, para 6(9)(b)) (legislation.gov.uk). In BM, the Upper Tribunal applied this to a rent case:

• later rent rises “could not have been known when the Council took its decision” and were mostly irrelevant (para 65)
• inspections of comparators five years later could not show whether they were suitable alternative accommodation “at the time the Council identified them”, which “can be judged only by the evidence available of the circumstances at that time” (para 65)
• the claimant’s staying in the home for years afterwards was relevant only so far as it could have been foreseen at the time (para 65)

Later evidence. Evidence obtained after the decision can still be used if it shows what the circumstances were at the date of the decision. In BM, the new tribunal was told not to consider later evidence “unless satisfied, on all the evidence” that circumstances had not changed between the relevant date and the date of that evidence (para 70). The tribunal decides the matter afresh, not whether the council’s decision was reasonable at the time (para 71).

What this means for councils. Keep a dated record of the evidence relied on at the time of the decision, especially comparators in rent cases: their address, rent, size, facilities, security of tenure and availability, and why they were suitable for this claimant (Chapter 10, 10.5). Evidence gathered for the first time for the appeal may carry little weight.

What this means for providers. Put the evidence of the tenant’s needs and the scheme’s services before the council at the time of the claim or the request. Evidence first produced at the tribunal must still speak to the position at the date of the decision.

Untested evidence. In BM, the council relied on a statement from a commissioning officer, who then declined to attend. The tribunal refused a witness summons but still relied on the statement. The Upper Tribunal held that this was unfair: “It prevented one party from making a proper challenge to statements that were said to be fact but it then allowed the other party to rely on them” (para 11). If a summons is refused and the evidence cannot otherwise be tested, the evidence objected to should be excluded, except so far as the objecting party accepts it (para 11). The tribunal has powers to require documents and the attendance of witnesses (para 12; FtT SEC Rules, rules 5 and 16).

What this means for both sides.

• Rely on witness statements only from people who will attend if needed, or whose evidence is not disputed.
• Where you object to the other side’s witness evidence, say so early and ask for the witness to attend.
• Agree facts that are not in dispute, so that witnesses are only needed on the points that matter.

The burden of proof in rent cases. At the first stage of a rent restriction, the burden is on the council to show that suitable cheaper alternative accommodation exists (BM, para 13; Chapter 10). Councils should not expect the tribunal to fill gaps in their evidence of comparators, although the tribunal may ask for more (BM, para 59).

The guidance

Para	What the guidance says	SHP’s view
210	Each case must be considered individually	Agreed. Lead cases decide common issues; each tenant’s own facts must still be considered (20.5)
240 and 241	Notify decisions quickly, with reasons and appeal rights	Agreed. Good reasons reduce appeals (Chapter 19)

Good practice

For councils:

• Offer an informal conversation on every disputed supported housing decision, without delaying formal rights.
• Review requests for reconsideration with fresh eyes, and revise decisions you would not make again.
• Send appeal responses promptly, with a focused, indexed bundle.
• Keep dated records of the evidence relied on at the date of decision, especially comparators.
• Rely on witness evidence only where the witness will attend if required.
• Agree lead cases and common bundles for scheme-wide disputes, and apply lead decisions to all affected claims.

For providers:

• Raise the point with the council before appealing, but always lodge within the time limit.
• Ask for written reasons within one month where they are unclear.
• Act for tenants only with their written authority, and keep them informed.
• Put the evidence before the council at the time, not for the first time at the tribunal.
• Use witnesses who know the facts and can attend.
• Consider carefully, with the council, whether a point of law justifies an Upper Tribunal appeal.

Evidence

Stage	Council	Provider, for the tenant
Reconsideration	Decision record; evidence relied on	Request with grounds, evidence and authority
Appeal response	Response under rule 24; indexed bundle	Submission and indexed bundle
Rent cases	Dated comparator evidence at the date of decision	Evidence of the tenant’s needs and why comparators are unsuitable
Witnesses	Statements from witnesses who will attend	Statements from scheme staff who know the facts
Scheme-wide disputes	Common bundle; list of affected claims	Authorities; list of appellants

Finding common ground

Narrow the issue first. Before any appeal, the council and provider should try to agree what is not in dispute, as the parties did in Allerdale, where most of the charge was agreed, and only three items were left for the Upper Tribunal (Chapter 7, 7.2).

Agree the facts. A short statement of agreed facts, filed with the bundle, saves hearing time and focuses the tribunal on the real issue.

Treat the tribunal’s decision as shared learning. Whatever the outcome, record what the decision means for the scheme and for similar cases, and update the scheme file and the local protocol (Chapter 17).

Key cases and cross-references

Case or provision	Point	Chapter
Wirral MBC v Salisbury Independent Living Ltd [2012] EWCA Civ 84	Regulation 3 exhaustive; landlord can act for tenants but has no independent appeal	19, 20
BM v Cheshire West and Chester Council [2009] UKUT 162 (AAC)	Date of decision; later evidence; untested evidence; burden on council	10, 20
FYE v Middlesbrough CC and GPZ v Sunderland CC [2026] UKUT 157 (AAC)	Lead cases; decision-makers need not give evidence	11, 20
Allerdale BC v JD and Others [2019] UKUT 304 (AAC)	Narrowing the issues by agreement	7, 9, 20
CSPSSA 2000, Schedule 7, para 6	Right of appeal; date of decision	2, 20
D&A Regulations 2001, regs 3 to 8	Persons affected; revision; supersession	2, 19, 20
FtT SEC Rules 2008, rules 2, 18, 23, 24 and 38	Procedure, lead cases, time limits, response, permission	20

• Related chapters: Chapter 2 (2.7); Chapter 4 (binding effect of decisions); Chapter 10 (rent restriction); Chapter 17 (17.3, escalation); Chapter 18 (18.5, suspension); Chapter 19 (reasons and authority); Chapter 21 (overpayments)
• Appendices: Appendix 1 (table of cases); Appendix 10 (model decision notice)

Sources

• Child Support, Pensions and Social Security Act 2000, Schedule 7, paragraph 6: https://www.legislation.gov.uk/ukpga/2000/19/schedule/7/paragraph/6
• Decisions and Appeals Regulations 2001, regulation 4: https://www.legislation.gov.uk/uksi/2001/1002/regulation/4
• Decisions and Appeals Regulations 2001, regulation 5: https://www.legislation.gov.uk/uksi/2001/1002/regulation/5
• Decisions and Appeals Regulations 2001, regulation 3: https://www.legislation.gov.uk/uksi/2001/1002/regulation/3
• Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008: https://www.legislation.gov.uk/uksi/2008/2685
• FtT SEC Rules, rule 2: https://www.legislation.gov.uk/uksi/2008/2685/article/2
• FtT SEC Rules, rule 23: https://www.legislation.gov.uk/uksi/2008/2685/rule/23
• FtT SEC Rules, rule 24: https://www.legislation.gov.uk/uksi/2008/2685/rule/24
• FtT SEC Rules, rule 38: https://www.legislation.gov.uk/uksi/2008/2685/article/38
• Tribunal Procedure (Upper Tribunal) Rules 2008, rule 21: https://www.legislation.gov.uk/uksi/2008/2698/article/21
• Wirral MBC v Salisbury Independent Living Ltd [2012] EWCA Civ 84: https://www.bailii.org/ew/cases/EWCA/Civ/2012/84.html
• BM v Cheshire West and Chester Council [2009] UKUT 162 (AAC): https://administrativeappeals.decisions.tribunals.gov.uk/judgmentfiles/j2749/CH%202036%202008-00.doc
• FYE v Middlesbrough CC and GPZ v Sunderland CC [2026] UKUT 157 (AAC): https://assets.publishing.service.gov.uk/media/69f216d7b0c3a4023e5d6e63/UA-2024-001199-HB_and_UA-2024-001252-HB.pdf

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This manual is licensed under CC BY-ND 4.0: you can share it freely, with credit to SHP, without changes. See Rights and licence. Supported Housing People Ltd, Version 1.0, October 2026.