London Borough of Lewisham (20 010 734)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 08 Mar 2021

The Ombudsman's final decision:

Summary: Ms X complains that the Council seeks to recover an overpayment of housing benefit. We will not investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.

The complaint

  1. Ms X complains that the Council seeks to recover an overpayment of housing benefit.

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The Ombudsman’s role and powers

  1. 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)
  2. 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)
  3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

  1. Ms X says that she received a letter for recovery of overpaid housing benefit in September 2008 stating that she had been overpaid £677. She queried this with the Council and the Council replied in November with a breakdown of the amount.
  2. Ms X moved house in March 2009 and did not hear from the Council until July 2020 when the Council repeated their demand for the housing benefit to be repaid.
  3. Ms X says that she assumed that the recovery of overpaid housing benefit had been written off. Ms X had the right of appeal to tribunal against the decision to recover the overpaid housing benefit. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not have been made in this case.
  4. I consider that a complaint about the recovery (or any failure to treat a dispute about the decision as an appeal) could have been made to this office within 12 months of the decision in September 2009.

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Final decision

  1. I do not intend to investigate this complaint because the matter is out of time and could have been appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman

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