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 making the complainant liable for council tax for a period when there were tenants in the property. This is because the problem has been resolved.

Summary: We will not investigate this complaint that the Council delayed billing the complainant for council tax. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about Council tax liability because she has appealed to a Valuation Tribunal.

Summary: Mr H complained the Council gave him incorrect advice to apply for universal credit. Mr H said the Council’s advice had caused him a financial loss. We have found no fault in the Council’s service.

Summary: We will not investigate this complaint about the Council’s decision on Mrs X’s liability for business rates as the courts are better placed to consider such disputes.

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

Summary: We will not exercise discretion to investigate this complaint about the Council’s distribution of government grants during the COVID-19 pandemic. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Summary: We will not investigate this complaint about a Council tax bill Mr B says he is not liable for. This is because Mr B has a right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.

Summary: We will not investigate this complaint about the Council’s refusal to discuss the legal basis for the collection of council tax and its net zero carbon agenda. We cannot investigate matters that affect all or most of the people living in a Council’s area.

Summary: We will not investigate this complaint about the Council’s handling of Miss X’s council tax account. This is because the Council accepted fault and offered a suitable remedy. Further investigation would not be proportionate.

Summary: Miss X complained about the Council’s actions in recovering a housing benefit overpayment. There was fault in how the Council communicated with Miss X about the recovery action. It also delayed responding to Miss X’s complaint and failed to consider her request for reasonable adjustments. Although it did not affect the decision to recover the overpayment, fault by the Council caused Miss X avoidable distress, time, and trouble. The Council agreed to apologise, agree reasonable adjustments it will make for Miss X, and pay her a financial remedy. It will also share our decision with, and issue reminders to, relevant staff.

Summary: Mr X complained that the Council lost payments he made towards repaying a housing benefit overpayment and placed the onus on him to provide evidence of the payments. He also said the Council delayed in sending him an income and expenditure form and applied for an attachment of benefits order without giving him time to complete the form. We found find the Council was at fault in that it failed to tell Mr X about the missing payments. However, it has agreed to resolve the matter if Mr X provides bank statements. This is a satisfactory remedy for the injustice caused.

Summary: We will not investigate this complaint about the way the Council allocates payments for council tax arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about housing benefit overpayment as there is a right of appeal to a tribunal.

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