Summary: The Ombudsman will not investigate this complaint about a housing benefit decision because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council assessed her housing benefit on the wrong amount of Working Tax Credit (WTC). She wants the Council to reassess the claim based on the correct figure.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)

Back to top

How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

Back to top

What I found

Housing benefit disputes

6. If someone disagrees with a housing benefit decision they can appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. The tribunal can accept a late appeal up to 13 months from the date of the decision. The tribunal decides whether to accept a late appeal.

What happened

7. The Council decided Mrs X was not entitled to housing benefit from May because her income was too high. Mrs X complained and said the decision was wrong because the assessed income included WTC which was an overpayment. Mrs X wanted the Council to assess the claim based on the correct amount of WTC which was less than the original amount she received. In response the Council explained it has to assess the housing benefit on the WTC that has been paid.
8. The Council sent a letter to Mrs X in May which gave information about her appeal rights.
9. Mrs X continues to assert the Council made its decision using the wrong WTC figure. She says it has ignored the bank statements she submitted showing reduced payments of WTC.

Assessment

10. I will not start an investigation because Mrs X could have appealed to the tribunal. It is reasonable to expect Mrs X to appeal because the tribunal is the appropriate body to consider disputes about housing benefit decisions. The tribunal is free to use and is made up of experts in housing benefit law. The tribunal would have decided if the Council was correct to use the amount of WTC that was paid or whether it should have used the lower figure as suggested by Mrs X. In addition, the Ombudsman does not make decisions about how much housing benefit someone should receive – that is the job of the Council and the tribunal.
11. Mrs X could ask for a late appeal. It would be for the tribunal to decide whether to accept a late appeal

Back to top

Final decision

12. I will not start an investigation because Mrs X could have appealed to the tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman