Summary: We will not investigate this complaint about payment of housing benefit because she could appeal to a tribunal. Her complaint about her rental agreement is out of jurisdiction as it is a matter for the Housing Ombudsman.

The complaint

1. Ms X complains that her housing benefit does not reflect the period she was liable for rent on her new property and her rental agreement shows a date different to that agreed.

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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 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)
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. Ms X says that she moved into her new accommodation on 13 June 2022 but her rental agreement which she received later stated 10 June. She now has an amount of rental arrears as a result.
7. Her housing benefit has been paid form 13 June but not backdated.
8. Any dispute about the date when housing benefit was to start could be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
9. The complaint about the start date of her tenancy is out of jurisdiction as it is a matter for the Housing Ombudsman.

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Final decision

10. We will not investigate Ms X’s complaint because it can be appealed to a tribunal and part of the complaint is for the Housing Ombudsman.

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Investigator's decision on behalf of the Ombudsman