Summary: We will not investigate this complaint about overpayments of housing benefit and council tax support being recovered by the Council. It is reasonable for Mrs X to appeal to the independent benefits tribunal and the Valuation Tribunal if he wishes to challenge the Council’s decisions.

The complaint

1. Mrs X complained about the Council recovering overpaid housing benefit and council tax support after it decided she failed to declare a change in her income which affected her benefits. She disagrees with the Council’s decision and its demand for repayment.

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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 government minister. 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)(b), 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says she received letters form the Council’s housing benefit and council tax services informing her that she had been overpaid benefits because she had a change in her finances which she had not previously notified them about. She says the demands are not correct and that the requirement to repay them caused her distress and concern that enforcement agents would be used.
8. The Council advised Mrs X of her rights to appeal the housing benefit overpayment to the independent First Tier Tribunal and informed her about how to proceed with this. It also advised her how to contact the Valuation Tribunal if she wanted to challenge the council tax support overpayments.
9. Unless Mrs X appeals successfully against the overpayments, they remain recoverable and she would have to make arrangements to pay them with the Council.
10. We will not investigate complaints about overpayments of benefits where it is reasonable for the complainant to appeal to a tribunal.

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Final decision

11. We will not investigate this complaint about overpayments of housing benefit and council tax support being recovered by the Council. It is reasonable for Mrs X to appeal to the independent benefits tribunal and the Valuation Tribunal if he wishes to challenge the Council’s decisions.

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Investigator's decision on behalf of the Ombudsman