Blackpool Borough Council (19 004 555)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 12 Aug 2019
The Ombudsman's final decision:
Summary: Mr X complained about the Council seeking repayment of a housing benefit overpayment from his former partner from 2015. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mr X’s partner to appeal against the decision at the time.
The complaint
- The complainant, whom I shall call Mr X, complains about an overpayment of housing benefit to his ex-partner being recovered by the Council. He says she did not receive the previous reminder letters from 2016 and 2015 and it is unreasonable to recover the money now.
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)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint and he has been given the opportunity to comment on the draft decision.
What I found
- Mr X says his ex-partner was informed about outstanding housing benefit overpayments in 2019. He says the overpayment was created in 2015 but that she did not receive previous letters sent in 2015 and 2016. His partner moved away from the Council area and it only recently contacted her. He feels the Council left it too long to demand payment now.
- The Council can pursue recovery action in the courts for up to six years after the debt was created. Mr X’s ex-partner could have appealed against the overpayment at the time to the independent benefits tribunal. If she moved away before the overpayment was created, then she should have informed the Council of a forwarding address.
- The Ombudsman does not investigate complaints about housing benefit overpayments because the tribunal is the proper authority to determine appeals against these decisions.
Final decision
- The Ombudsman should not investigate this complaint. This is because it was reasonable for Mr X’s partner to appeal against the decision at the time.
Investigator's decision on behalf of the Ombudsman