Summary: We will not investigate this complaint about recovery of a housing benefit overpayment because an appeal to a tribunal was used and there is no evidence of fault by the Council.

The complaint

1. Ms X complains that the Council continues to recover a housing benefit overpayment after a long period of time.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. Ms X says that the Council is not allowed to recover a housing benefit debt which is more than 6 years old.
8. The Government website confirms that there is no time limit for the recovery of benefit debt. Further, Ms X appealed the decision to recover the debt to a tribunal and so this complaint is out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman