Summary: We will not investigate Ms X’s complaint the Council is recovering an overpayment of housing benefit first notified in 2017. Ms X has or had the right to appeal to the Tribunal dealing with housing benefit decisions.

The complaint

1. Ms X complains the Council is recovering overpayments of housing benefit for 2016-19. Ms X says the Council is wrong in its understanding of her work history and income. It should not recover the money.

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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)

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How I considered this complaint

4. I have considered Ms X’s information and comments. The Council has supplied case information including benefit notifications to Ms X.

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My assessment

5. I will not investigate Ms X’s complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction (see paragraph 3 above). The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals including disputes about whether there is a recoverable overpayment of benefit. (The Social Entitlement Chamber of the First Tier Tribunal)
7. In 2017 the Council sent Ms X notifications of a recoverable overpayment. The main debt arose between April 2016 and January 2017 due to a change in employment income. The Council has sent Ms X further notifications. The letter of September 2021 says a new notification will be sent for the debt which was then £2763. There is also a second overpayment outstanding for £176. The notifications include on the reverse side information about disputing the decision including the right of appeal to the Tribunal.
8. I consider it reasonable for Ms X to use or have used her appeal right. The Tribunal has the expertise to deal with such a dispute and has the power to change the Council’s decision.

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Final decision

9. The Ombudsman will not investigate Ms X’s complaint the Council is recovering an overpayment of housing benefit first notified in 2017. Ms X has or had the right to appeal to the Tribunal dealing with housing benefit decisions.

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Investigator's decision on behalf of the Ombudsman