Summary: We will not investigate this complaint about appealing a housing benefit overpayment which was created in 2018. Ms X appealed against the decision to the First-Tier Tribunal, and it gave its binding decision in 2019.

The complaint

1. Ms X complained about the Council recovering an overpayment of housing benefit from 2018. She says the Council has acted unlawfully.

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The Ombudsman’s role and powers

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 a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X received notification of housing benefit and council tax overpayments related to a previous council tenancy which she says she had to abandon due to threats of violence. The Council notified her in October 2018 and she appealed against the overpayment decisions.
7. She appealed the council tax reduction overpayment to the Valuation Tribunal and the housing benefit overpayment to the First-Tier Tribunal of the Social Entitlement Chamber. Whilst the Valuation Tribunal removed much of the outstanding amount, the First-Tier Tribunal did not uphold her appeal. Ms X made an appeal against the Tribunal’s decision, but this was rejected by HM Courts and Tribunals Service in December 2019.
8. We cannot investigate complaints about housing benefit decisions which have been subject to a decision by an independent tribunal. The First-Tier Tribunal’s decision was binding on Ms X and the Council and we cannot determine whether the original decision was unlawful as she requested. Only the courts can determine points of law about the implementation of statutes.
9. Ms X says the overpayments arose from the Council’s failures in dealing with her homeless application and allocation of temporary accommodation against her interests. She submitted a complaint about this to us in 2018 and did not pursue the matter further when we advised her it was premature for our consideration.

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Final decision

10. We will not investigate this complaint about appealing a housing benefit overpayment which was created in 2018. Ms X appealed against the decision to the First-Tier Tribunal, and it gave its binding decision in 2019.

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Investigator's decision on behalf of the Ombudsman