Durham County Council (20 009 071)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 28 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Discretionary Housing Payment. This is because the Council has awarded a payment to the complainant.
The complaint
- The complainant, whom I refer to as Mr X, complained the Council had not awarded a Discretionary Housing Payment (DHP). Mr X said the Council had not considered changes to his benefit which had reduced his income. Mr X wanted the Council to award a DHP.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe if the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and the Council’s letters to Mr X about the DHP. I invited Mr X to comment on a draft of this decision.
What I found
Discretionary Housing Payment
- DHPs are payments to help people pay their rent when the housing benefit/universal credit they receive is not enough to pay all the rent. The payments are discretionary and nobody has a statutory right to a payment.
What happened
- Mr X applied for a DHP in July 2020. There was a shortfall of £11.10 a week between the rent and the amount he receives through Universal Credit to help him pay the rent.
- The Council initially refused the application because it decided Mr X had enough income to cover the shortfall.
- Mr X asked the Council to review the decision. He said he was now using some of his benefit to hire a car which meant his income had reduced.
- Mr X complained to the Ombudsman before he had received a further decision from the Council.
- In response to my enquiries, the Council said it had reviewed the claim in the light of the new information about the car. It had written to Mr X in December to say it had awarded a DHP of £11.10 a week from July 2020 for one year.
Assessment
- I will not start an investigation because the Council has reviewed the new information from Mr X and awarded a DHP from the date of his claim in July 2020.
Final decision
- I will not start an investigation because the Council has awarded a DHP.
Investigator's decision on behalf of the Ombudsman