Bassetlaw District Council (20 001 037)

Statement Closed after initial enquiries Housing benefit and council tax benefit 08-Oct-2020

Summary: Ms X complained about the Council evicting her in 2019 for rent arrears which she says were due to problems with her housing benefit assessment. The Ombudsman cannot investigate this complaint. This is because we have no jurisdiction to investigate complaints about social housing landlords. We will not exercise discretion to consider the award of housing benefit after her eviction because she complained outside the normal 12-month period for receiving complaints.

Sefton Metropolitan Borough Council (20 003 289)

Statement Closed after initial enquiries Housing benefit and council tax benefit 06-Oct-2020

Summary: The Ombudsman cannot and will not investigate Mr X’s complaint the Council did not calculate his benefit claim correctly. Mr X has already appealed to a tribunal about his housing benefit, it is reasonable to expect him to appeal to a tribunal about his council tax support and we would be unlikely to find fault about his other concern.

London Borough of Newham (19 014 134)

Statement Upheld Housing benefit and council tax benefit 05-Oct-2020

Summary: Mrs X complained about the affordability of her temporary accommodation and the Council’s decisions regarding her housing benefit and a discretionary housing payment applications. The Council was at fault. It failed to consider Mrs X’s housing benefit appeal request and failed to advise Mrs X that it had awarded her a discretionary housing payment. The Council has since written to Mrs X to advise her of the award and has reconsidered her housing benefit application so there is no outstanding injustice to Mrs X. It remains open to Mrs X to appeal the housing benefit decision if she disagrees with it.

Norwich City Council (19 009 594)

Statement Upheld Housing benefit and council tax benefit 02-Oct-2020

Summary: Mr X complains about the Council’s decision on overpayment of housing benefit and its handling of his account. The Ombudsman will not investigate the overpayment because there is a right to appeal to the Tribunal. The Ombudsman will not investigate matters that arose more than 12 months ago, as Mr X could have complained sooner. The Ombudsman finds fault in the Council’s record keeping and is satisfied with its proposed action to prevent recurrence.

Blackpool Borough Council (19 016 842)

Statement Upheld Housing benefit and council tax benefit 30-Sep-2020

Summary: Mr X complains the Council delayed in deciding he was not eligible for housing benefit and then changed its decision but did not tell him it had done so. The Council delayed in deciding about Mr X’s eligibility for housing benefit. This meant Mr X’s experienced unnecessary distress. The Council will apologise to Mr X and pay him £150 to remedy the distress he experienced.

Hart District Council (20 002 130)

Statement Upheld Housing benefit and council tax benefit 29-Sep-2020

Summary: The Ombudsman cannot and will not investigate Mrs X’s complaint that the Council invoiced her for overpaid housing and council tax benefits for several years. This is because Mrs X has already appealed to the tribunal about her housing benefit claim and an investigation of the other issues would be unlikely to achieve a significantly different outcome as the Council has offered an appropriate remedy.

London Borough of Hammersmith & Fulham (19 016 200)

Statement Not upheld Housing benefit and council tax benefit 28-Sep-2020

Summary: Mr X complains the Council delayed in telling his father he was not eligible for housing benefit and to instead apply for Universal Credit. The Ombudsman does not find fault with the Council’s actions.

South Gloucestershire Council (20 002 299)

Statement Closed after initial enquiries Housing benefit and council tax benefit 23-Sep-2020

Summary: Mr X complained about the Council giving incorrect advice about the implications of travelling abroad on his housing benefit claim in 2018. He says that he lost entitlement to his claim following changes in legislation after the advice was given. The Ombudsman should not investigate this complaint. This is because it has re-instated Mr X’s claim following a decision from the Department of Work and Pensions (DWP) and there is insufficient remaining injustice to warrant an investigation. Mr X could appeal against the latest decision to an independent tribunal if he disagrees with it.

Newcastle upon Tyne City Council (19 002 490)

Statement Upheld Housing benefit and council tax benefit 23-Sep-2020

Summary: The Council told Miss X it would pay her £414.24 a month directly in housing benefit if she gave a tenancy to someone it was supporting. This did not happen as the property is in a Universal Credit area and Miss X received no rent. The Council ignored Miss X’s step 1 complaint, took five months to reply to her at step 2 and never responded at step 3 despite assuring the Ombudsman that it would. The Council will pay Miss X the money it said she would receive and make a payment for the distress, time and trouble it caused her.

Hertsmere Borough Council (20 002 915)

Statement Closed after initial enquiries Housing benefit and council tax benefit 18-Sep-2020

Summary: The Ombudsman will not investigate Miss B’s complaint that the Council failed to support her with her application for housing benefit in 2015 and failed to backdate the benefit. This is because we could not now investigate her complaint effectively and it was reasonable to expect her to use her right of appeal to the First Tier Tribunal.