Summary: We will not investigate this complaint about the Council issuing housing benefit overpayments to Mrs X. it was reasonable for her to challenge the decisions by appealing to the first-tier benefits tribunal which is the proper authority for considering appeals.

The complaint

1. Mrs X complained about the Council issuing two housing benefit overpayments which amount to over £12,000 for benefit overpaid when she had undeclared income over a period of years. She says she cannot afford to pay the amounts demanded and disagrees with the totals.

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The Ombudsman’s role and powers

2. 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)
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 the information provided by the complainant and the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says she received housing benefit overpayment notices in 2023. She complained to the Council about the demands and the Council re-assessed the case. It told her that two of the overpayments, amounting to over £6,000 each were recoverable and had been generated because she had failed to notify the Council of income changes for her and her partner since 2020.
7. The Council told Mrs X that the only way to challenge the decisions was to appeal to the first-tier tribunal which is the body which independently considers appeals against benefit decisions. Although the Council advised her to do this on two occasions she then complained to us.

We will not investigate complaints about matters which carry a right of appeal to an independent tribunal. This restriction applies to Mrs X’s complaint and it was reasonable for her to appeal to the tribunal.

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Final decision

8. We will not investigate this complaint about the Council issuing housing benefit overpayments to Mrs X. It was reasonable for her to challenge the decisions by appealing to the first-tier benefits tribunal which is the proper authority for considering appeals.

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Investigator's decision on behalf of the Ombudsman