Summary: We will not investigate this complaint about the Council recovering overpaid housing benefit from Miss X. It was reasonable for her to challenge the Council’s decision by way of an appeal to the independent benefits tribunal which is the proper authority to consider benefit appeals.

The complaint

1. Miss X says the Council suspended her benefit in 2022 following information from the Department for Work and Pensions (DWP) about her address. She asked for a review and the amount of the overpayment was decreased. the Council issued anew overpayment decision in 2023 and she still believes this is incorrect.

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

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My assessment

6. Miss X says the Council suspended her housing benefit from January to June 2023 following information from the DWP that her address had changed. This caused her financial stress because she was in arrears with her social housing landlord. The Council re-instated the claim in June but Miss X complained and wanted to know what information the DWP used as its source. The Council did not have this information and advised her to contact the DWP directly.
7. We will not consider this part of Miss X’s complaint. It concerns matters which took place outside the normal 12-month period for receiving complaints. I can see no good reason why she did not complain to us sooner. We cannot investigate the actions of the DWP because this is a government department outside our jurisdiction.
8. Miss X also received a housing benefit overpayment in September 2023 based on information she provided about previously undeclared increased income. She asked for a review of the decision and in 2024 the Council issued a new decision which reduced the outstanding amount. Miss X again challenged the decision. The Council told her that if she wished to pursue the matter to appeal she was required to say why she thought the decision was incorrect and provide some evidence to support this.
9. We would expect someone to pursue their right of appeal to the benefits tribunal if it was reasonable to do so. The Council has correctly explained to Miss X what action she needs to take for it to carry out an internal re-assessment and she made a similar request in 2023.

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Final decision

10. We will not investigate this complaint about the Council recovering overpaid housing benefit from Miss X. It was reasonable for her to challenge the Council’s decision by way of an appeal to the independent benefits tribunal which is the proper authority to consider benefit appeals.

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Investigator's decision on behalf of the Ombudsman