Appeals to the Social Security Appeal Authority
A client can appeal to the Social Security Appeal Authority when the Benefits Review Committee has upheld or upheld in part a decision of MSD, including decisions in respect of:
- the assessment or re-assessment of:
- their eligibility or continued eligibility for social housing
- their housing needs
- the calculation of the rate of Income Related Rent
- the establishment and recovery of Income Related Rent debt
A client's application for appeal should be sent directly to the Social Security Appeal Authority.
Note when the Benefits Review Committee has declined to hear an out of time Review of Decision and the client applies for the matter to be heard by the Social Security Appeal Authority, forward the case to the Appeal Authority.
For more information see:
Expenses
The client's actual and reasonable expenses for travel and accommodation, to attend the Social Security Appeal Authority hearing, must be paid.
Outcome
The Social Security Appeal Authority will advise both parties to the appeal (the client and MSD) of the outcome.
High Court action
Where either party to the appeal disagrees with the outcome, there is one further course of action and that is an appeal to the High Court.
Appeals of this nature are restricted to questions of law.
For more information see:
Legislation
- Rights of appeal section 132 Public and Community Housing Management Act 1992
- Tenant may appeal section 133 Public and Community Housing Management Act 1992
- Regulations relating to appeals and other matters section 136 Public and Community Housing Management Act 1992
- Appeal authority Schedule 8, clauses 1-12 Social Security Act 2018
- Reviews and appeals Part 7 Social Security Act 2018
- Appeals to appeal authority regulations 248-256 Social Security Regulations 2018
- Appeals to High Court by way of case stated regulations 257-260 Social Security Regulations 2018
- Social Housing Appeals Regulations 2014
