Eastleigh Borough Council (23 005 133)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 30 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax benefit underpayment because he could appeal to a tribunal.
The complaint
- Mr X says that he received a back payment of housing benefit arrears due to an error by the DWP. He says that the Council will not backdate Council tax benefit because he did not make a claim.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the DWP incorrectly assessed his benefit between 2014 and 2018 and has recently received back dated housing benefit for that period. He says that the Council will not pay him the Council tax benefit he would have received had there been no error as he had not made a claim. Mr X says that he could not possibly have made a claim in that situation.
- Mr X can now ask the Council to make a discretionary payment of Council tax benefit for the period in question. If the Council refuses he will have a right of appeal to a Valuation Tribunal.
- If this is unsuccessful he could make a further complaint to the Parliamentary Ombudsman claiming loss of Council tax benefit as his injustice from the DWT error.
Investigator's decision on behalf of the Ombudsman