London Borough of Harrow (22 000 820)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 11 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a dispute over the Council’s assessment of Mr X’s housing benefit. It was reasonable for him to appeal to the independent benefits tribunal and he has now started this procedure.
The complaint
- Mr X complained about the Council’s assessment to f his housing benefit. He says the disabled premium part of his benefit has been reduced because he has a carer. He says this is no longer the case and his benefit is not correct.
The Ombudsman’s role and powers
- 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)
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council reduced his housing benefit by removing the server disabled premium because it says he receives services from a carer. Mr X challenged the decision and the Council made further enquiries of the Department for Work and Pensions (DWP) about his case. The DWP confirmed that Mr X’s previous carer is still receiving carers allowance for Mr X so it will not amend his benefit claim.
- Because Mr X remains in dispute about the assessment of his benefit the Council forwarded the appeal to the independent benefits tribunal who will make a decision.
- We will not investigate a complaint about a matter which is subject to an appeal by an independent tribunal.
Final decision
- We will not investigate this complaint about a dispute over the Council’s assessment of Mr X’s housing benefit. It was reasonable for him to appeal to the independent benefits tribunal and he has now started this procedure.
Investigator's decision on behalf of the Ombudsman