Summary: We will not investigate this complaint about a housing benefit overpayment. It is reasonable to expect Mr X to use the alternative remedy available to him and appeal to the independent benefits tribunal (the First-Tier Tribunal).

The complaint

1. Mr X complained the Council has started to deduct a housing benefit overpayment from him. Mr X disputes the overpayment.
2. Mr X said this caused distress.
3. Mr X wants the Council to cancel the debt and reimburse him for the amount he has already paid.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
9. If someone disagrees with a decision about an overpayment they can appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. The tribunal can accept a late appeal up to 13 months from the date of the decision. Because the person can appeal, we would normally decide not to investigate complaints about these decisions.
10. We will not investigate Mr X’s complaint. As we cannot direct the Council to cancel the debt nor repay monies he has already paid, it is reasonable for Mr X to appeal to the independent benefits tribunal (the First-Tier Tribunal).

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the independent benefits tribunal (the First-Tier Tribunal).

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Investigator's decision on behalf of the Ombudsman