Summary: We will not investigate this complaint about the way the Council processed the complainant’s housing benefit. This is because the complainant could have used her review and appeal rights.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council has made several errors when calculating her housing benefit. She says her current award is wrong and the Council has not processed an application for a Discretionary Housing Payment (DHP).

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by Ms X and the Council. This includes the complaint correspondence, the DHP decision and some of the housing benefit decisions. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

6. Ms X complained to the Council that her housing benefit award is often wrong and she has incurred overpayments and suspensions. The Council reviewed her claim and saw an error was made in July 2021 which was corrected in August. It also identified a wrong overpayment decision in December. The Council removed the overpayment and paid a small underpayment. The Council apologised for these errors and said it had not identified any other mistakes.
7. The Council said it suspended Ms X’s claim in June because she had not responded to a review request. It lifted the suspension in June once Ms X provided the required information.
8. The Council made a benefit decision in August which Ms X challenged. The Council reviewed the case and confirmed the decision is correct. It notified Ms X she could appeal to the tribunal if she disagreed with the reconsideration decision.
9. Ms X applied for a DHP in June when she had rent arrears of £1400. The Council awarded a DHP in August for £1966 to help with the arrears.
10. I will not investigate this complaint because Ms X can ask for a review, and/or appeal to the tribunal, if she thinks any housing benefit decision is wrong. It is reasonable to expect her to appeal because the tribunal is the appropriate body to deal with disputes about housing benefit awards. The tribunal can decide if a housing benefit award is correct or if someone has to repay an overpayment. These are not decisions we can make.
11. Ms X says her claims are full of errors but only two mistakes have been found, which have been corrected, and, as I have said, Ms X had review rights she could have used. In addition, the Council has awarded a DHP.
12. The recent review decision says Ms X’s earnings fluctuate. People with fluctuating earnings tend to have unstable housing benefit claims which are subject to change and overpayments. This is a reflection of how the benefit system works and is not an indication of fault by the Council.

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Final decision

13. We will not investigate this complaint because Ms X could have used her review and appeal rights and can do so for any future benefit decisions she disagrees with.

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Investigator's decision on behalf of the Ombudsman