Summary: We will not investigate this complaint about the Council issuing her with a housing benefit overpayment which it is recovering from her universal credit payments. It was reasonable for Miss X to ask for an internal review and then appeal to the First-Tier benefits tribunal.

The complaint

1. Miss X complained about the Council recovering an overpayment form her housing benefit which she says she does not owe. She says the rental period for which the overpayment was created was when her former housing association landlord was responsible for the rent. She wants the Council to cancel the overpayment and return any recovered amounts from her universal credit.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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. 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)

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How I considered this complaint

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

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My assessment

7. Miss X says the Council added an overpayment of housing benefit to her rent account for a housing association property she rented. She says the rent period was from 2022 -23 and that she had vacated the property by this period but the landlord continued to receive housing benefit payments for her. She says the council has deducted the overpayment form her universal credit which is paid by the Department for Work and Pensions.
8. Miss X challenged the Council’s decision and it accepted her appeal for consideration. She complained to us shortly afterwards.
9. We will not investigate this complaint, we would normally expect someone who is complaining about the amount of benefit awarded, an overpayment or if an overpayment is recoverable to ask the Council to review the deciosn. If the Council does not change the decision it is reasonable for them to appeal to the Fist Tier Tribunal which deals with appeals against benefits decisions.
10. Miss X had started this process when she complained to us and it was reasonable for her to pursue this remedy.

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Final decision

11. We will not investigate this complaint about the Council issuing her with a housing benefit overpayment which it is recovering from her universal credit payments. It was reasonable for Miss X to ask for an internal review and then appeal to the First-Tier benefits tribunal.

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Investigator's decision on behalf of the Ombudsman