Summary: Mr X complains about the Council’s decision to refuse housing benefit and a Discretionary Hardship Payment (DHP). The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal and there is no evidence of fault in the DHP consideration.

The complaint

1. Mr X complains about the Council’s decision to refuse housing benefit and a Discretionary Hardship Payment (DHP).

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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 and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

5. Mr X had two periods of occupation in his rented property; 16 March 2018 to 6 November 2018 and 14 January 2019 to the present. Mr X is entitled to a Severe Disability Premium as part of his benefit.
6. For his first period, Mr X was obliged to claim Universal Credit. Mr X was homeless between 6 November 2018 and 14 January when he returned to his original address.
7. The Council says that the Universal Credit regulations changed on 16 January 2019 so that he could claim housing benefit after that date.
8. Mr X says that he should have been able to claim housing benefit for the period 16 March 2018 to 6 November 2018. The Council says that this was not possible until the regulations changed the following year.
9. Any decision to refuse housing benefit was appealable to a tribunal. The Tribunal is an independent expert body and its decisions are binding on Councils. I see no reason why an appeal could not have been made.
10. Mr X says that he was refused a DHP despite his circumstances. The Council says that the DHP was refused because he has “excess income”. This decision was based on an assessment of his income and expenditure and, in the absence of fault, the Ombudsman would not question the professional judgement of the Council in this matter.

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Final decision

11. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal and no evidence of fault in the DHP application.

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Investigator's decision on behalf of the Ombudsman