Rochdale Metropolitan Borough Council (19 007 498)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 26 Sep 2019
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s decision to recover an overpayment of benefit. The Ombudsman will not investigate this complaint because she appealed to a tribunal.
The complaint
- Ms X complains about the Council’s decision to recover an overpayment of benefit.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal. (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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered the complainant's comments. The complainant has commented on the draft decision.
What I found
- Ms X says that the Council decided to recover an overpayment of housing benefit and council tax reduction. Ms X says she appealed against the decision to a tribunal on the basis that the Council had used incorrect figures for her income.
- The Ombudsman cannot investigate a complaint where a right of appeal to a tribunal has been exercised.
Final decision
- The Ombudsman will not investigate this complaint because she appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman