New benefits and taxation decisions

benefits and taxation

A weekly update on benefits and taxation decisions


Summary: The complaint is about an enforcement agent’s visit to collect a Council Tax debt. And about the fees charged. The Ombudsman does not uphold this complaint.

Summary: Mr B complains about the Council’s decisions on his housing benefit entitlement. This complaint will not be investigated by the Ombudsman because it falls outside our jurisdiction as Mr B has appeal rights to the Tribunal Service.

Summary: The Ombudsman will not investigate this housing benefit complaint. This is because there were appeal rights the complainant could have used and because there is insufficient evidence of fault by the Council.

Summary: Mr X complains about the amount of housing benefit paid to him and the way the Council communicated with him. The Ombudsman will not investigate this complaint because any dispute can be appealed to a Tribunal.

Summary: The Ombudsman cannot investigate this complaint about the amount of council tax the Council charges the complainant. This is because he cannot investigate something that affects all or most of the residents of a council area. In addition he cannot change the council tax.

Summary: Mrs X complains that the Council refuses to take back her council tax debt from bailiffs, which she says it should have done because of her vulnerability. She complains about the way the Council handled her complaint, and says the Council contacted her doctor without her permission. She says this has caused her stress and cost her time and trouble. Despite largely finding no fault with the way the Council handled collecting the debt, the Ombudsman finds some fault with the Council for failing to call Mrs X as promised, and with its complaint handling. The Council has agreed to apologise to Mrs X, make a payment to recognise the faults, and review its complaints procedure. The Ombudsman has not investigated the part of Mrs X’s complaint about the Council contacting her doctor. This is because the Information Commissioner’s Office is better placed to deal with complaints of this nature.

Summary: The Ombudsman will not investigate Mr B’s complaint that the Council continued to hold him liable for council tax at a property after he had vacated it and refused to amend its records to reflect this. This is because the complaint falls outside our jurisdiction as Mr B had appeals rights to the Valuation Tribunal.

Summary: Mr X complains that the Council did not advise him in 2009 that he could claim council tax support. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains about the amount of council tax he has to pay. The Ombudsman will not investigate this complaint because this affects all or most of the residents of the area.

Summary: Ms B complains that the Council recouped a significant amount of money from her in error and that the compensation it awarded for the distress and inconvenience she and her family suffered is insufficient. The Ombudsman upholds Ms B’s complaint and the Council has agreed to make additional payments in recognition of the injustice Ms B suffered because of its actions.

Summary: Mr Y complains the Council wrongly addressed a council tax bill for a property he is liable for. As a result, Mr Y says he has incurred avoidable enforcement fees. The Ombudsman finds no fault in the Council’s actions because the bill was correctly addressed to those with joint and several liability for the property.

Summary: Mr C complains about the way the Council dealt with him in relation to his business rates. The Ombudsman has found fault in the way the Council changed a repayment arrangement. The Ombudsman is satisfied the agreed action of a review of the decision taking into account income and affordability is enough to remedy Mr C’s injustice.

Summary: It was fault for the Council to send correspondence to Miss Z about a Council Tax debt rather than to Mrs X who was authorised to handle her account. Miss Z was distressed when an enforcement agent visited her to recover the debt. Matters would not have reached this stage if the Council Tax records had been accurately updated and correspondence had been sent to Mrs X instead. The Council has accepted my findings and agreed to provide a suitable remedy.

Summary: The Ombudsman will not investigate Ms B’s complaint about liability for council tax and recovery action taken by the Council. Ms B has rights of appeal against the Council’s decisions on her liability for council tax and her eligibility for council tax reduction and support.

Summary: Mr X complains that the Council wrongly removed his council tax single occupancy discount which led to legal costs. The Ombudsman will not investigate this complaint because any dispute about discounts for council tax is a matter for the Valuation Tribunal. Nor was there evidence of fault by the Council.

Summary: The Ombudsman will not investigate this complaint from a landlord about the Council’s delay in responding after he reported his tenant had rent arrears. This is because there is insufficient evidence of injustice.

Summary: Ms X complained the Council was harassing her for a Housing Benefit overpayment from 2014. The Ombudsman should not investigate her complaint. This is because the complaint is late and there are not good enough reasons for the Ombudsman to exercise discretion to consider it. Ms X also had a right of appeal to Tribunal.

Summary: Mr X complains about the Council’s refusal to exempt his property from council tax due to its condition. The Ombudsman will not investigate this complaint because he has a right of appeal to a Valuation Tribunal.

Summary: The Ombudsman will not investigate this complaint about a council tax exemption because the complainant can appeal to the Valuation Tribunal.

Summary: Mr J complains the Council wrongly advised him he could move from universal credit to housing benefit. This led to him losing benefit. The Ombudsman upholds this complaint. The Council has agreed to meet Mr J’s housing costs for the time until it told him he needed to claim universal credit.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his claim for backdated housing benefit. He had the right of appeal to a tribunal.

Summary: The Ombudsman will not investigate this complaint about the Council closing the complainant’s council tax account. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

Summary: The Ombudsman will not investigate this complaint about the way the Council handled an application for a Discretionary Housing Payment. This is because the Council has already provided a satisfactory remedy by awarding the maximum Discretionary Housing Payment. In addition, there is not enough injustice to warrant an investigation.

Summary: Mr X complains that the Council has sought payment of council tax for a property which should be exempt. The Ombudsman will not investigate this complaint because this can be appealed to a Valuation Tribunal.

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