Summary: We will not investigate this complaint about the Council’s decision that the complainant is not entitled to housing benefit. This is because there are review and appeal rights the complainant can use.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he is not entitled to housing benefit. Mr X wants the Council to pay him housing benefit from January 2021.

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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)

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How I considered this complaint

5. I considered information provided by Mr X. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Most people who need help to pay their rent have to apply for Universal Credit (housing costs). Most people can no longer make new claims for housing benefit. Some full-time students are entitled to UC. This includes some students who receive Personal Independence Payment (PIP).
7. Mr X is a full-time student. He receives PIP. He applied for housing benefit. The Council rejected his claim and said he needed to apply for UC. The Council said he could ask for a review or appeal to the tribunal if he disagreed with the decision.
8. Mr X disagrees with the decision. He says he is entitled to receive housing benefit because he is a full-time student on a low income and he receives PIP.
9. I will not investigate this complaint because Mr X can appeal to the tribunal. It is reasonable to expect him to appeal because the Council told him about his appeal rights and because the tribunal is the appropriate body to determine disputes about entitlement to housing benefit. The tribunal can decide if Mr X is entitled to housing benefit or whether he must apply for UC. We do not make benefit decisions and have no power to award housing benefit.

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Final decision

10. I will not investigate Mr X’s complaint because he can appeal to the tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman