The Ombudsman's final decision
Summary: Mr X complains about the Council’s decision to recover overpaid housing benefit. We will not investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.
The complaint
Mr X complains about the Council’s decision to recover overpaid housing benefit.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the complainant’s comments on my draft decision.
My assessment
The Council wrote to Mr X in October 2019 advising him that there had been an overpayment of housing benefit and it was recoverable. The Council advised him of his right of appeal to a tribunal.
Mr X disputes the way the overpayment (and underpayment) of benefit have been calculated. He says that they have not properly considered his tax credits in the calculation.
Any dispute about the amount of an overpayment or its recoverability can be appealed to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Further, any dispute from 2019 is now out of time for investigation by the Ombudsman.
Final decision
I do not intend to investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.
Investigator's decision on behalf of the Ombudsman