Gateshead Metropolitan Borough Council (23 018 007)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 13 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about housing benefit overpayment as there is a right of appeal to a tribunal.
The complaint
- Mr X says that the Council is seeking to recover and overpayment of housing benefit despite his assertion that all changes of circumstances have been notified to the Council at the time.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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
- Mr X says that the Council wrote to him saying he had been overpaid housing benefit due to changes in his pension payments. He says that the told the Council of these.
- The Council reviewed its decision but asked for further information in order to do so.
- Any final decision by the Council as to recovery of the overpayment can 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.
Investigator's decision on behalf of the Ombudsman