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 cannot investigate this complaint about a council tax support decision as the complainant has appealed to the tribunal about it.

Summary: We cannot investigate this complaint about Mr X’s liability for unpaid business rates and subsequent Council enforcement action. This is because this matter has already been considered by a court.

Summary: We will not investigate Ms B’s complaint about the Council’s refusal to apply a council tax exemption to her uninhabitable property. This is because it is reasonable for Ms B to put in an appeal to the Valuation Tribunal.

Summary: Company X complained, on behalf of Company Y, that the Council wrongly reversed its decision to award discretionary business rates relief to Company Y. There was fault in how the Council tried to revoke its earlier decision which it said was incorrect. The Council did not give the required notice of its decision to revoke. It agreed to reinstate Company Y’s discretionary rate relief and refund any sums Company Y overpaid. It also agreed to remind its staff about the rules for changing business rate relief decisions.

Summary: We will not investigate this complaint about Council Tax charges because there is no evidence of fault by the Council.

Summary: We will not investigate this complaint about liability for Council tax as this can be appealed to a Valuation Tribunal.

Summary: We will not investigate this complaint about liability for Council tax on a property.

Summary: We will not investigate Ms X’s complaint about the Council’s decision to stop her housing benefit and delay submitting her appeal to the tribunal. This is because following our involvement, the Council has revised its decision and reinstated her housing benefit. It has backdated the decision and agreed to pay her the arrears. There is nothing further we could achieve.

Summary: We will not investigate this complaint about the Council incorrect pursuing Mr X for a debt he did not owe. This is because the Council has made a suitable offer to remedy the injustice caused by the faults identified and so an investigation would not lead to a different outcome.

Summary: Miss X complained the Council took too long to assess her housing benefit claim following a change in her circumstances. She stated the Council did not reply to her requests for updates on her claim and that she accrued rent arrears because of the delay. We found fault by the Council because it took too long to decide Miss X’s claim. However, we consider the Council has remedied the injustice caused to Miss X.

Summary: Miss X complains the Council has not carried out the review of her appeal on Council Tax debt. This means she has not been able to appeal to the Valuation Tribunal. The Ombudsman finds fault with the Council for delaying Miss X’s appeal rights and for not suitably managing communication with Miss X. This caused distress, confusion, and a delay in Miss X’s appeal rights to tribunal. The Council has agreed to issue a decision on the review, provide Miss X with a breakdown of the debt, and pay a financial remedy for the distress and confusion caused.

Summary: We will not investigate this complaint about the Council’s decision to reduce Ms X’s housing benefit and council tax support following a change in her circumstances. It is reasonable for her appeal to the independent benefits tribunal when her formal complaint has been concluded by the Council.

Summary: We will not investigate this complaint about advice about Council tax payments because the matter has been remedied.

Summary: We will not investigate this complaint about the Council’s refusal to pay Mr X an energy rebate for his home after his appeal to the Valuation Office Agency against his council tax banding was delayed. There is insufficient evidence of any fault by the Council which would warrant an investigation.

Summary: We will not investigate this complaint about Council tax payments because the matter has been remedied.

Summary: We cannot investigate this complaint about the Council’s recovery of empty rate council tax. The matter is subject to proceedings in the Magistrates Court and we have no jurisdiction to investigate.

Summary: We will not investigate this complaint about liability for Council tax as this could be appealed to a Valuation Tribunal.

Summary: We will not investigate this complaint about the Council’s alleged delay telling Mr X he had claimed the wrong benefit. The complaint is late without good reason to accept it now. Also, investigation is unlikely to find enough evidence that any fault by the Council resulted in Mr X not having help with his housing costs.

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