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: We will not investigate this complaint about the Council’s handling of the complainant’s council tax account. This is because most of it has already been considered by us. The only new issue raised concerns the banding of the property. However, it is reasonable to expect the complainant to appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about backdating a housing benefit claim because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the way the Council is recovering council tax arrears. This is because the arrears have been considered in court and because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the way the Council processed the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this housing benefit complaint because there is insufficient evidence of fault by the Council and because the complainant could use his review and appeal rights.

Summary: We will not investigate this complaint about a housing benefit overpayment from 2013. This is because there is insufficient evidence of fault by the Council, it is a late complaint, and because the complainant could have used his appeal rights.

Summary: Ms X complains about delay by the Council in dealing with her housing benefit appeal. We will not investigate this complaint because the Council has remedied the matter.

Summary: We will not investigate this complaint about the Council not providing Ms G with a single person council tax reduction. The Council told us it has taken action to resolve the matter but if not it would be reasonable for Ms G to lodge an appeal at the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council’s refusal to pay housing benefit because there was a right of appeal to a tribunal.

Summary: Miss X complained the Council failed to advise her to claim universal credit after she submitted a claim for housing benefit. The Council was at fault as it failed to respond to Miss X’s correspondence which meant she missed out on housing payments she was entitled to. The Council has agreed to make a payment to Miss X to remedy this.

Summary: Mr X complained the Council awarded his business a COVID-19 business grant but later notified him it had been paid in error and demanded repayment. The timing of the recovery decision meant Mr X lost the opportunity to apply for other grant funding which he may have been eligible for. A suitable remedy is agreed.

Summary: We will not exercise discretion investigate this complaint about liability for council tax and data access requests. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

Summary: We will not investigate how the Council applied its council tax reduction scheme. That is because decisions about council tax reduction are dealt with through the Valuations Tribunal.

Summary: We will not investigate this complaint about extra costs added to Ms X’s council tax account. This is because the complaint is made late and there are not good reasons to investigate now.

Summary: Ms X complained the Council did not award her business the expanded retail discount, which would reduce the business rates it had to pay. We have found fault as we find the Council reached its decision on eligibility without taking account of all relevant factors. This created uncertainty. The Council accepted these findings and agreed to review its decision as one of several actions set out at the end of this statement.

Summary: The Council’s failure to show how it had regard to government guidance and the Public Sector Equality Duty in deciding who would be eligible for the Household Support Fund was fault. The Council has agreed to apologise, pay Mr X £150, and take action to improve its services.

Summary: Ms X complains the Council has not dealt with her Council Tax properly. The Council sent incorrect information to a different Council and did not tell Ms X she shouldn’t pay Council Tax. Ms X was wrongly charged Council Tax by the other Council. The Council has agreed to pay Ms X £200 and has made service improvements. It has also agreed to review letters when providing accommodation.

Summary: We will not investigate Mr X’s complaint that the Council wrongly advised him that he would not need to apply for a COVID-19 business grant. This is because there is not enough evidence of fault by the Council.

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his application for charitable business rates relief. This is because the courts are better placed to consider whether Mr X’s company is eligible for the relief.

Summary: We will not investigate this complaint about the Council’s decision to recover overpaid housing benefit dating back to 2011. This is because the complainant has the right to defend himself in court if the Council takes recovery action and the Council has not had a reasonable opportunity to respond to the complaint to us.

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