Sheffield City Council (20 009 507)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 27 Jan 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a housing benefit overpayment because the complainant has appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Ms X, disagrees with the Council’s decision that she must repay a housing benefit overpayment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), 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)
How I considered this complaint
- I read the complaint and correspondence between Ms X and the Council about the overpayment. I invited Ms X to comment on a draft of this decision.
What I found
Housing benefit decisions
- If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal. If they have a review, and are unhappy with the decision, they can appeal to the tribunal.
What happened
- In 2020 the Council asked Ms X to repay £1284 of housing benefit. The overpayment relates from 2013 to 2014. The Council found out, in 2020, that another adult moved into the property in 2013. The Council also found out that Ms X left the property in 2014 but continued to receive housing benefit.
- Ms X disagrees with the Council’s decision. She says she was fleeing domestic violence. In December 2020 Ms X asked the Council to submit her appeal to the tribunal. The Council is preparing the case and will soon be sending it to the tribunal.
Assessment
- I cannot start an investigation because Ms X has appealed to the tribunal. This was the right thing for Ms X to do. The tribunal will decide if Ms X received too much housing benefit and whether Ms X has to repay any benefit to the Council. The law says we cannot investigate any issue which is the subject of an appeal to the tribunal.
Final decision
- I cannot start an investigation because Ms X has appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman