Summary: We will not investigate this complaint about an overpayment of housing benefit as there is a right of appeal to a tribunal.

The complaint

1. Mr X complains that the Council is recovering an overpayment of housing benefit from him.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that the Council is attempting to recover nearly £4,000 in overpaid housing benefit which he says he never received.
7. The Council says that he was sent an invoice in February 2024 and as no payment was received, the Council decided to recover the sum via Universal Credit.
8. Mr X had a right of appeal to a tribunal against the decision to recover the overpayment where he could present his argument that the payment was never made to him. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

9. We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman