Summary: We will not investigate this complaint about housing benefit because it is reasonable to expect Mrs Y to appeal to the Social Entitlement Chamber.

The complaint

1. Mrs Y complained the Council has pursued her for housing benefit overpayments which she does not owe and in the name of someone she has no connection with.
2. Mrs Y says she has been caused upset and worry and has had to pay for legal advice.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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)

Back to top

How I considered this complaint

5. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. If a council pays too much housing benefit to someone it will usually ask them to repay it. The law says an overpayment is recoverable unless it was caused by an official error, and it was not reasonable to expect the person to realise they were receiving too much benefit.
7. If someone disagrees with a decision that they must repay an overpayment, or if they disagree with the calculation of the overpayment, they can appeal to the tribunal. Because of this opportunity for appeal, we would not normally investigate complaints about this type of decision unless we considered it unreasonable for a person to do so.
8. The tribunal can make reasonable adjustments to allow access to its service. It is also of low cost and is often free. I therefore see no reason why it is not reasonable for Mrs Y to use this right of appeal and so we will not investigate.

Back to top

Final decision

9. We will not investigate Mrs Y’s complaint because it is reasonable to expect her to appeal to the Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman