The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Making of appeals and applications E+W+S

20.—(1) An appeal or application for an extension of time must—

(a) be in writing on a form approved for the purpose by the relevant authority or in such other format as the relevant authority may accept;

(b) be signed by the person who has a right of appeal under paragraph 6(3) of Schedule 7 to the Act;

(c) be delivered, by whatever means, to the relevant authorityF1 ...

(d) contain particulars of the grounds on which it is made; and

(e) contain sufficient particulars of the decision or subject of the application to enable that decision or subject of the application to be identified.

(2) A form which is not completed in accordance with the instructions on the form, except where paragraph (3) applies, does not satisfy the requirements of paragraph (1), and may be returned by the relevant authority to the sender for completion in accordance with those instructions.

(3) Where the relevant authority is satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal or application to proceed, it may treat the form as satisfying the requirements of paragraph (1).

(4) Where an appeal or application is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal or application to proceed, the relevant authority may treat the letter as satisfying the requirements of paragraph (1).

(5) Where the letter does not include sufficient information to enable the appeal or application to proceed, the relevant authority may request, in writing, further particulars.

(6) Where a person to whom a form is returned or from whom further particulars are requested duly completes and returns the form or sends the further particulars and the form or particulars, as the case may be, are received by the relevant authority within—

(a) 14 days of the date on which the form was returned to him, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b) 14 days of the date on which the relevant authority’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request;

(c) such longer period as the relevant authority may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the relevant authority.

(7) Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (6)—

(a) the relevant authority shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to a legally qualified panel member; and

(b) the panel member shall determine whether the form or the letter satisfies the requirements of paragraph (1), and shall inform the relevant authority and appellant or applicant of his determination.

(8) Where—

(a) a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (6); and

(b) no decision has been made under paragraph (7) at the time the form or the further particulars are received by the relevant authority,

the form or further particulars shall also be forwarded to the legally qualified panel member who shall take into account any further information or evidence set out in the form or further particulars.

(9) The relevant authority may discontinue action on an appeal where the appeal has not been forwarded to the clerk to an appeal tribunal or to a legally qualified panel member and the appellant or an authorised representative of the appellant has given written notice that the appellant does not wish the appeal to continue.

Textual Amendments

F1 Words in reg. 20(1)(c) omitted (30.9.2002) by virtue of Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703), reg. 1, Sch. 2 para. 8(e)