Summary: We will not investigate this housing benefit complaint because there is insufficient evidence of fault by the Council and because the complainant could use his review and appeal rights.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he is no longer entitled to housing benefit. He says he should still be entitled to some benefit because he receives Pension Guarantee Credit.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

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 Mr X and the Council. This includes the complaint correspondence and information about the latest housing benefit decision. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. If an adult lives with a housing benefit claimant the housing benefit award may be reduced. The amount of the deduction depends on the circumstances of the other adult (called a non-dependant) and how much they earn. The law assumes the non-dependent will make a contribution towards the rent.
6. Mr X says the Council ended his housing benefit after his adult daughter, who lives with him, started full-time work. The Council applied a deduction of £96.60 a week for his daughter, based on her income. The Council told Mr X that because the amount of the deduction is more than his weekly rent of £88.67 he is not entitled to housing benefit.
7. Mr X says this is wrong because he receives Pension Credit Guarantee and income and savings are disregarded if someone receives Pension Credit.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council has correctly explained why Mr X’s housing benefit has stopped. The amount of the non-dependent deduction is more than the rent so Mr X is not eligible for housing benefit, regardless of the Pension Credit award.
9. I also will not investigate this complaint because Mr X could use his review and appeal rights if he thinks the housing benefit decision is wrong. It is reasonable to expect Mr X to do this because the tribunal is the appropriate body to consider benefit disputes. If he asks for an appeal the Council will review the case before passing it to the tribunal.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X could use his review and appeal rights.

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Investigator's decision on behalf of the Ombudsman