New benefits and taxation decisions

benefits and taxation

A weekly update on benefits and taxation decisions


Summary:  Ms X complains the Council miscalculated her housing benefit and council tax entitlement, leading to her eviction by her private landlord. She also says that the Council failed in its duty to house her, causing her and her family distress.

Summary: Ms B complained about the way the Council dealt with council tax arrears and a housing benefit overpayment. We cannot find fault with the Council’s actions.

Summary: There was fault in the Council’s handling of the recovery of a housing benefit overpayment. However, it will now offer the complainant a fresh appeal right to the Tribunal, which is a suitable remedy. The Ombudsman has therefore completed his investigation.

Summary: The Ombudsman will not investigate this complaint about the Council’s decision to collect council tax arrears through an Attachment of Earnings Order. This is because there is insufficient evidence of fault by the Council.

Summary: The Ombudsman will not investigate this complaint about how the Council dealt with the complainant’s council tax account. It is unlikely we would find fault by the Council has caused the complainant significant injustice.

Summary: The Ombudsman does not have grounds to investigate this complaint from a private tenant about the Council’s failure to recover housing benefit from his ex-landlord, or return the council tax he paid, in respect of his former rented accommodation. This because there is no sign of fault by the Council which has caused the tenant an injustice to warrant our involvement.

Summary: The Ombudsman will not investigate Miss A’s complaint that the Council is seeking to recover an overpayment of housing benefit. This is because it was open to Miss A to appeal to a tribunal and it would have been reasonable for her to do so.

Summary: Mrs J complains about the Council suspending her housing benefit claim and then paying it at a reduced rate. She complains it took three months to get the matter resolved. She had to give the Council information it already had. The Ombudsman does not uphold the complaint.

Summary: The Ombudsman will not investigate Mr X’s complaint about an alleged breach of his personal information. This is because the Information Commissioner’s Officer is the appropriate body to consider his concerns.

Summary: The Ombudsman will not investigate Miss B’s complaint that the Council continued to claim payment of business rates from her despite her many attempts to try to get the problem sorted out. This is because we cannot investigate complaints about council decisions to start court proceedings or their conduct of court proceedings. It is for the court to reach a decision should the Council take bankruptcy or other court proceedings against Miss B.

Summary: The Ombudsman will not investigate Miss X’s complaint about an alleged overpayment of housing benefit. This is because the complaint is late and it was reasonable for Miss X to use the appeal rights available to her.

Summary: Ms X complains the Council mishandled her housing benefit claim leading to rent arrears. The Ombudsman finds there was fault by the Council. The Council has agreed a remedy.

Summary: The complainant received demands for business rates owed by her company and the previous occupant of her business premises. In confusion the complainant mistakenly paid the demand for the previous occupant’s business rates. Quickly realising her mistake, the complainant asked the Council to refund her payment. The complainant says the Council took too long to refund the payment causing inconvenience compounded by paying the refund in two parts. The complainant wants the Council to pay interest on the refund and her solicitor’s costs. The Council says it acted properly in refunding the payment and refused to pay interest or the solicitors’ costs. The Ombudsman finds the Council at fault in handling the refund.

Summary: Mr X complained the Council were wrong to take recovery action when he made late council tax payments. The Council was entitled to issue a summons and obtain a liability order. However, it should have made contact with Mr X to try to agree a payment plan before it placed the account with bailiffs. The Council agreed to clear all the additional recovery fees to remedy the complaint.

Summary: The Council failed to end council tax liability when a couple told it they had moved. The couple were in credit with the council tax but the Council, without their knowledge, obtained two liability orders against them. The Council then engaged enforcement agents who sent notices to their current home. This caused distress to them and adversely effected the health condition of one of them. The Council will apologise and pay a financial remedy for the time, trouble and distress it caused.

Summary: Mr X complains about the Council’s decision to refuse housing benefit and a Discretionary Hardship Payment (DHP). The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal and there is no evidence of fault in the DHP consideration.

Summary: The Ombudsman will not investigate Ms D’s complaint about council tax at her property. Most of the complaint is late and Ms D has or had rights of appeal to an independent tribunal. It is reasonable to expect Ms D to use this right of appeal.

Summary: The Ombudsman will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.

Summary: Mrs X complains that the Council unfairly refused her housing benefit. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

Summary: Mr X complains about the Council wrongly applying an attachment of earnings order to a council tax debt that did not belong to him. The Ombudsman finds there was fault in how the Council sought to recover the debt and has made recommendations to the Council.

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