The Ombudsman's final decision
Summary: We cannot investigate this complaint about a housing benefit overpayment. This is because the complainant appealed to the tribunal.
The complaint
The complainant, whom I refer to as Ms X, complains about a housing benefit overpayment. She wants the Council to waive the overpayment because it was caused by Council error and she could not have known she was being overpaid.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 Ms X and the Council. This includes the complaint correspondence. I also considered the Ombudsman’s Assessment Code.
My assessment
Ms X received housing benefit from 2016 to 2019. In 2019 the HMRC told the Council Ms X had been working since 2016. The Council did not know Ms X had been working. The Council asked Ms X to repay housing benefit of £7661.
Ms X appealed to the tribunal. The tribunal confirmed Ms X must repay the overpayment.
In August 2021 the Council sent Ms X an invoice for the outstanding overpayment. In September 2022 Ms X complained to the Council, and then to us, about the overpayment. Ms X says she thought the Council knew she was working and says the overpayment was caused by Council error.
The law says we cannot investigate any issue that has been considered by the tribunal. Ms X appealed to the tribunal who decided Ms X must repay the money. Ms X appealed to the tribunal so we have no power to start an investigation. There is no part of the complaint we can investigate.
Final decision
We cannot investigate this complaint because Ms X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman