The Ombudsman's final decision
Summary: We will not investigate this complaint about an overpayment of housing benefit as there was a right of appeal to a tribunal.
The complaint
Ms X complains that the Council unreasonably pursued her for a repayment of an overpayment of housing benefit (which had been paid directly to the landlord).
The Ombudsman’s role and powers
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) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X received a letter from the Council stating that she owed £147 as overpaid housing benefit. Ms X says that this had been paid direct to the landlord and so the landlord should have to repay the amount.
Any dispute about the repayment of housing benefit can be considered by the tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she could appeal to a housing benefit tribunal.
Investigator's decision on behalf of the Ombudsman