Summary: We will not investigate this complaint that the Council recovered a housing benefit overpayment when the complainant never received any housing benefit. This is because the complainant could have appealed to the tribunal and because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Ms X, says she repaid a housing benefit overpayment but has never received housing benefit. She says the situation is affecting her mental health and the Council needs to look into it.

Back to top

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)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Ms X and the Council. This includes the benefit decision letter the Council sent to Ms X in 2014 about the overpayment and the response to her complaint. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. In 2014 the Council asked Ms X to repay a housing benefit overpayment for September 2013 to May 2014. The decision letter told Ms X about her review and appeal rights. Ms X asked for a review but did not supply the additional information the Council asked for. The Council closed the review in October 2014.
8. In response to her complaint the Council said Ms X contacted the Council in October 2013 to ask for the housing benefit to be paid into her bank and not by cheque. The Council said Ms X had repaid the overpayment.
9. I will not start an investigation for the following reasons. Ms X could have completed the review process and appealed to the tribunal in 2014. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to consider housing benefit disputes. Ms X could have appealed on the basis that she never received any housing benefit.
10. I also will not start an investigation because this is a late complaint. Ms X has been aware of the overpayment since 2014 but did not complain to us until 2021. This is significantly longer than 12 months and I have not seen any good reason to accept a complaint that is seven years old.

Back to top

Final decision

11. I will not investigate this complaint because Ms X could have appealed to the tribunal and because it is a late complaint.

Back to top

Investigator's decision on behalf of the Ombudsman