Newcastle-under-Lyme Borough Council (21 015 268)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Feb 2022
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision to recover overpaid housing benefit. We will not investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.
The complaint
- Mr X complains about the Council’s decision to recover overpaid housing benefit.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- 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)
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- The Council wrote to Mr X in October 2019 advising him that there had been an overpayment of housing benefit and it was recoverable. The Council advised him of his right of appeal to a tribunal.
- Mr X disputes the way the overpayment (and underpayment) of benefit have been calculated. He says that they have not properly considered his tax credits in the calculation.
- Any dispute about the amount of an overpayment or its recoverability can be appealed to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- Further, any dispute from 2019 is now out of time for investigation by the Ombudsman.
Final decision
- I do not intend to investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.
Investigator's decision on behalf of the Ombudsman