London Borough of Barnet (22 011 901)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 03 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an overpayment of housing benefit as there is a right of appeal to a tribunal.
The complaint
- Ms X says that payments from her son to her should not have been treated a income and so a large overpayment of housing benefit should not have occurred.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council should not have taken into account payments from her son as income for housing benefit purposes. She now has to repay a large overpayment of housing benefit.
- Any dispute about an overpayment of housing benefit can be appealed to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Investigator's decision on behalf of the Ombudsman