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 using an Attachment of Earnings Order to collect council tax arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s recovery of unpaid council tax including threats of court action and committal to prison. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s communication with the complainant as the matter has been remedied and there is insufficient injustice to warrant investigation.

Summary: We will not investigate this complaint that the Council regularly sends threating council tax letters. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about housing benefit overpayments. This is because the complainant could have used her appeal rights and because it is a late complaint.

Summary: We will not investigate this complaint about Mr X’s council tax liability. It is reasonable for him to use his right to appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about payment of an Energy Rebate as there is no evidence of fault by the Council.

Summary: Mr and Mrs X complained about a backdated Council tax bill. We find the Council at fault for delays in issuing the bill and for failing to inform Mr and Mrs X of their appeal rights. The Council has apologised to Mr and Mrs X and acted to prevent recurrence.

Summary: We will not investigate this complaint about a housing benefit overpayment. This is because it is a matter for the tribunal.

Summary: Miss B complained that the Council delayed in dealing with her review request against large overpayments of housing benefit and council tax support and continued to try to recover the debt during the period of delay. This cause Miss B significant distress and caused her partner to borrow money to pay off some of the resultant debt. We found fault with the Council’s actions and it has agreed to increase its payment to Miss B to £500.

Summary: We will not investigate Miss X’s complaint about the Council holding her liable for council tax on a property she no longer lives in. This is because she has right of appeal to the Valuation Tribunal. In addition, we will not investigate Miss X’s complaint regarding the Council’s alleged failure to apply council tax reduction to Miss X’s council tax account. This is because this complaint concerns events that took place more than 12 months ago and it would have been reasonable for Miss X to bring them to us at the time.

Summary: We will not investigate this complaint about the Council’s handling of a Discretionary Housing Payment. This is because there is not enough evidence of fault, and it is unlikely an investigation would add to the Council’s response.

Summary: We will not investigate this complaint about the Council’s alleged failure to communicate with Miss X when it had a housing duty towards her or to properly advise her regarding council tax. This is because most of the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate matters that took place this long ago. Further, even if we did exercise discretion, it is unlikely we would find fault with the Council’s actions.

Summary: We will not investigate this complaint about the council tax arrears the Council is holding Mrs X responsible for. This is because she has right of appeal to the Valuation Tribunal.

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