Summary: Mrs X complains that the Council will not pay her housing benefit. The Ombudsman will not investigate this complaint because there was a right of appeal against the Council decision.

The complaint

1. Mrs X complains that the Council will not pay her housing benefit.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered the complainant's comments. The complainant has commented on the draft decision.

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What I found

5. Mrs X says that she appealed a decision to deny her entitlement to Employment Support Allowance (ESA). She says she was told she would have to claim Universal Credit which she did. However, she says that she immediately withdrew her claim as she wished to claim housing benefit with ESA (if she won her appeal). The Council told her that she cannot claim housing benefit as she made a claim for Universal Credit (even though she withdrew the claim). It also said that housing benefit could not be paid without a severe disability component of ESA.
6. The Council’s decision to refuse her housing benefit is appealable. Mrs X has been advised to seek advice about making such an appeal.

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Final decision

7. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman