Summary: We will not investigate this complaint about the suspension and termination of Mrs X’s housing benefit claim. It is reasonable for Mrs X to appeal to the independent First-Tier benefits tribunal about the decision that she is no longer entitled to benefit for the period in question.

The complaint

1. Mrs X complained about the Council suspending her housing benefit for a period in 2021 and no re-instating it following advice from the Department for Work and Pensions (DWP). She says the Council has misapplied the benefit regulations and that her Employment and Support Allowance (ESA) was re-instated by the DWP so the claim should be backdated.

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The Ombudsman’s role and powers

2. 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)
3. 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

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. Mrs X’s housing benefit claim was suspended in April 2021 following information from the DWP to the Council that her ESA claim had been suspended. She says the DWP re-instated the claim in August, but the Council did not re-instate her benefit claim.
7. The Council told her that it was still awaiting confirmation from the DWP about her ESA claim but that from the information she had provided it considered she had capital in excess of the benefit regulation requirement for that period. In February 2022 the Council received confirmation from the DWP that Mrs X did not qualify for ESA during the period in 2021 when her claim was suspended. It said this was because her capital exceeded the higher limit. The Council will not re-instate her claim for the period April -August as a result.
8. We cannot decide whether housing benefit decisions are correct because there is a right of appeal to an independent benefits tribunal which is the proper authority to decide such matters. The Council says Mrs X has not yet submitted an appeal against its decision not to reinstate the claim.

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Final decision

9. We will not investigate this complaint about the suspension and termination of Mrs X’s housing benefit claim. It is reasonable for Mrs X to appeal to the independent First-Tier benefits tribunal about the decision that she is no longer entitled to benefit for the period in question.

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Investigator's decision on behalf of the Ombudsman