Summary: The Ombudsman cannot investigate this complaint about a housing benefit overpayment because the complainant has appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the decision to end her housing benefit and ask her to repay £7891. Ms X denies she has been living with a partner.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. 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)

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How I considered this complaint

5. I read the complaint and the housing benefit decision letters. I considered the review replies and Ms X’s appeal to the tribunal. I invited Ms X to comment on a draft of this decision.

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What I found

6. If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal. If they have a review, and are unhappy with the decision, they can then appeal to the tribunal.

What happened

7. In March the Council asked Ms X to repay a housing benefit overpayment of £12497. It decided she had been living with a partner.
8. Ms X asked for a review. She explained she had not been living with a partner. The Council considered her evidence and did an interview under caution. It confirmed its decision that she had been living with a partner but it reduced the overpayment to £7891.
9. Ms X disagrees with the overpayment decision and has asked for an appeal to the tribunal. In her appeal she has asked for her claim to be reinstated from March.
10. Ms X is waiting for the tribunal to consider her appeal.

Assessment

11. I cannot start an investigation because Ms X has appealed to the tribunal. The tribunal will decide if Ms X has to repay the overpayment and whether the claim should be reinstated from March. The law says the Ombudsman cannot investigate any matter which is the subject of an appeal to the tribunal.

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Final decision

12. I cannot start an investigation because Ms X has lodged an appeal with the tribunal.

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Investigator's decision on behalf of the Ombudsman