New benefits and taxation decisions

benefits and taxation

A weekly update on benefits and taxation decisions

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.


Summary: Mr R complains the Council told him, during a telephone call, not to move into his house at the start of the March 2020 COVID-19 lockdown. And it would not charge him an empty homes premium on his council tax. But it later did make this premium. Due to the lack of documentary evidence, the Ombudsman cannot resolve what was said in the telephone conversation. And there was nothing in the emergency COVID-19 legislation preventing the Council charging the extra premium. So we find no fault by the Council.

Summary: Ms X complained the Council did not provide her mother, Ms Y, with information about a carer’s discount and handled her claim poorly. She said Ms Y paid more in Council Tax than necessary and she was put to time, trouble and costs. We found no fault in the Council’s provision of information. However, we found it was at fault for mishandling the claim. We recommended an apology and symbolic payment.

Summary: We will not investigate this complaint about the Council asking Mrs X to repay a business grant. The Council has done enough to remedy any injustice caused by fault on its part. Personal injury and defamation are more appropriately for the courts.

Summary: We will not investigate Mrs X’s complaint that the Council is recovering an overpayment of housing and council tax benefit and has refused discretionary council tax relief. We cannot investigate the housing benefit because Mrs X has appealed to the Social Security Tribunal. It is reasonable for her to appeal to the Valuation Tribunal which covers council tax.

Summary: We will not investigate this complaint about the Council seeking to recover an overpayment of housing benefit from the complainant. This is because the complaint is made late and the complainant had a right of appeal to a tribunal. There is insufficient evidence of any recent fault by the Council.

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