The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit overpayment. This is because it is a matter for the tribunal.
The complaint
The complainant, whom I refer to as Mrs X, complains about a housing benefit overpayment. She has tried to challenge the overpayment but says the Council says her appeal is late.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes an update from the Council stating it is now considering an appeal. I also considered our Assessment Code.
My assessment
On 4 April 2023 the Council asked Mrs X to repay a housing benefit overpayment. People usually have one month to ask for an appeal. Mrs X appealed on 28 May 2023 to challenge the overpayment.
In February 2024, in response to further correspondence from Mrs X, the Council said it did not receive the May appeal letter and said it was now too late to appeal.
In response to my enquiries the Council said it has now accepted an appeal from Mrs X and the overpayment is a matter for the tribunal. The Council will review the case and respond in accordance with the regulations.
We will not investigate this complaint because the dispute about the recoverability of the overpayment is a matter for the tribunal. The Council will review the case and, if it does not change the decision, it will pass the appeal to the tribunal. It is reasonable for Mrs X to use her appeal rights because the tribunal is the appropriate body to determine whether an overpayment is recoverable. We do not make housing benefit decisions and cannot decide if Mrs X has to repay any money.
Final decision
We will not investigate this complaint because Mrs X can appeal to the tribunal and is in the process of doing so.
Investigator's decision on behalf of the Ombudsman