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 B complained that the Council had repeatedly tried to recover a housing benefit overpayment from him since 2015, despite agreeing he did not owe the money. In 2021 it recovered some of the debt directly from his wages and then delayed in refunding the money, causing Mr B frustration, distress and time and trouble. We found the Council at fault. It has agreed to pay Mr B £400 and to improve its recovery procedures for the future.

Summary: We will not investigate this complaint that the Council says the complainant must pay full council tax even though he gets pension credit. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint that the Council did not send a council tax summons to the correct address. This is because there is insufficient evidence of fault by the Council and because the complainant could complain to the Information Commissioner.

Summary: Mr X complained about the Council’s handling of his council tax account. We found fault by the Council, including avoidable delay and taking council tax recovery action after Mr X appealed to the Valuation Tribunal. Mr X experienced avoidable distress and unnecessary time and trouble before the Council adjusted his council tax bill to show a credit balance. To put matters right, the Council agreed to apologise to Mr X, pay £ 450 in recognition of his distress, time and trouble and refund his council tax credit.

Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of their housing benefit and council tax support accounts. The Council has taken appropriate action by sending two overpayment of housing benefit appeals to the Social Security Tribunal. It has written off part of the council tax debt and is willing to consider a request to write off the remaining debt.

Summary: We will not investigate this complaint that the Council failed to issue a council tax refund. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about housing benefit overpayment which dates from 2009 to 2014. Mr X has or had the right to appeal to a tribunal against overpayment of housing benefit which it would have been reasonable to expect him to use. Additionally, we cannot investigate a complaint which is made to us more than 12 months since Mr X became aware of the issue being complained of, unless there is a good reason to exercise discretion to do so.

Summary: We will not investigate this complaint about Business Rates liability as this is a matter for the courts and the Information Commissioner’s Office.

Summary: We will not investigate this complaint about a late demand for council tax as the Council has remedied the matter.

Summary: We will not investigate this complaint about a council tax reduction request because he has appealed to a tribunal.

Summary: We will not investigate this complaint that the Council wrongly charged the complainant for council tax. This is because it is not unreasonable to expect her to have used her right of appeal against the Council’s decision on her council tax liability.

Summary: Ms X complains about Council enforcement of council tax arrears and the amount of those arrears. The Ombudsman will not investigate this complaint because the matter is out of time and has been considered in court and could be appealed to a Valuation Tribunal.

Summary: Mr B complained the Council failed to sufficiently support his business both when refusing a grant to support the business during the COVID-19 pandemic and more generally. We do not uphold the complaint finding no fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s refusal to award him small business rates relief. This is because the issue is more appropriate for consideration by the courts.

Summary: We will not investigate Mr B’s complaint about a council tax reduction decision. This is because it is reasonable for Mr B to appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council cancelling Miss X’s claim for council tax reduction. This is because it is reasonable to expect Miss X to have appealed against the Council’s decision.

Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.

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