The Ombudsman's final decision
Summary: We will not investigate this complaint that the complainant’s housing benefit is constantly changing even though his income does not change. This is because there is insufficient evidence of fault by the Council and because the complainant could have used his review and appeal rights.
The complaint
The complainant, whom I refer to as Mr X, complains the Council keeps changing his housing benefit even though his income does not fluctuate.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) 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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes rent statements and recent housing benefit decision letters. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
In the last 12 months there have been three changes to Mr X’s housing benefit. It changed in April due to the annual rent increase. The Council identified a small underpayment in July because it had the wrong private pension figure from April. This created a small underpayment. The Council also found out in July that Mr X’s private pension increased in June. This led to a decrease in his housing benefit from £83 to £81.
Mr X also incurred some overpayments during 2021. If the Council is recovering the overpayments from Mr X’s current housing benefit then this will have reduced the amount he receives until the overpayment is repaid.
Mr X complains his housing benefit is constantly changing even though his income does not change. The changing benefit award makes it hard for him to budget. He has also referred to an increase in his rent in February 2020. The documents I have seen suggest this was due to the Council recovering a housing benefit overpayment.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Housing benefit is a means tested benefit and changes every time there is a change in someone’s rent, capital or income. If the Council becomes aware of a change that affects someone’s benefit then it has to reassess the claim. The reassessment may lead to an increase or decrease in benefit and a corresponding change in the rent payable. These changes are a reflection of how the benefit system works, not fault by the Council.
I also will not investigate this complaint because Mr X could have used his review and appeal rights if he thought any of the benefit decisions were wrong. He could have appealed if he disputed the overpayments or thought the income or capital figures the Council was using were wrong. It is reasonable to expect Mr X to use his appeal rights because that is the appropriate way to challenge benefit decisions. Mr X has referred to changes in his rent in February 2020 which appears to be linked to recovery of an overpayment of £47. If Mr X thought this overpayment decision was wrong he could have used his review and appeal rights.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and Mr X could have used his appeal rights.
Investigator's decision on behalf of the Ombudsman