Summary: The Ombudsman will not investigate Mr X’s complaint about an overpayment of housing benefit. Mr X is using his right to appeal to the benefit tribunal.

The complaint

1. Mr X complains the Council is seeking to recover an overpayment of housing benefit. He says the Council made the mistake and should apologise for making a false allegation against him when he had told it of the change in his circumstances.

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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 have considered Mr X’s information and comments. The Council has provided its communications with Mr X including the notification of the overpayment and its replies to his appeal.

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What I found

5. Mr X says in February he told the Council he had started a new job. He says in March the Council suspended benefit. In April and May the Council notified Mr X that it intended recovering an overpayment of £212.22. Mr X says £169.98 is the fault of the Council because it failed to stop the payments. In May the Council rejected Mr X’s challenge to the recovery decision and told him it would send his appeal to the Social Security Tribunal.
6. Mr X says he cannot afford the repayment. He is an agency worker and struggles financially.

Analysis

7. I will not investigate this complaint for the following reasons:
1. The complaint is outside the jurisdiction of the Ombudsman because Mr X has a right of appeal to the Tribunal dealing with housing benefit (see paragraphs 2 and 3 above).
2. I consider it reasonable for Mr X to use his right of appeal because the Tribunal has the power to change the Council’s decision. I understand Mr X is using his right of appeal in which case the Ombudsman cannot investigate.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint about an overpayment of housing benefit. Mr X is using his right to appeal to the benefit tribunal.

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Investigator's decision on behalf of the Ombudsman