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 housing benefit as there is a right of appeal to a tribunal and there is no evidence of fault by the Council causing significant injustice.

Summary: We will not investigate this complaint about an unsuccessful application for a Discretionary Housing Payment or a complaint the Council did not provide homelessness support. This is because there is insufficient evidence of fault by the Council and because part of the complaint has not completed the Council’s complaints process.

Summary: We will not investigate this complaint about the Council issuing a council tax demand in the year following the death of Mrs X’s father. The Council apologised for the distress caused and the bill was cancelled shortly afterwards. There is insufficient remaining injustice to warrant an investigation.

Summary: We will not investigate this complaint about council tax liability because it is reasonable for the complainants to put in an appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about housing benefit and Council tax support because there is a right of appeal to a tribunal.

Summary: We will not investigate this complaint about liability for business rates. Mr X could reasonably argue his case in court if the Council takes court action for payment of the rates.

Summary: We will not investigate this complaint about an online form as there is insufficient evidence of fault causing injustice to Mr X.

Summary: We will not investigate this complaint about the complainant’s council tax support in 2018 and council tax arrears from 2018. This is because there is insufficient evidence of fault by the Council, it is a late complaint, and because there were appeal rights the complainant could have used.

Summary: We will not investigate this complaint about a delay by the Council in reassessing the complainant’s Council Tax Reduction. This is because there is insufficient evidence of injustice and because the complainant could appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council’s decision to apply the unoccupied property council tax premium to the complainant’s property. This is because the complainant could have appealed to the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council recovering unpaid council tax for the past three financial years. It was reasonable for Miss X to have been aware of her liability and there is insufficient evidence of fault by the Council which would warrant an investigation.

Summary: Ms X complains that the Council wrongly passed her Council Tax account to enforcement agents to collect. The Council is at fault as it did not send Council Tax bills and correspondence to Ms X’s forwarding address. The fault caused significant distress to Ms X. The Council has agreed to remedy the injustice to Ms X by making a payment of £200 to her.

Summary: We will not investigate this complaint that the Council has not credited all the complainant’s council tax payments to his account. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council taking recovery action against Ms X over unpaid council tax due from 2014 to the present year. We cannot consider these matters which have been subject to court proceedings. It was reasonable for Ms X to have challenged the liability to the Valuation Tribunal or in the magistrates court when the liability orders were sought. We will not consider the matters from before the last 12 months because it was reasonable for Ms X to complain to us sooner.

Summary: We will not investigate this complaint that the Council asked the complainant’s employer to make deductions from her pay without first notifying her of the arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council suspending Mr X’s housing benefit resulting in rent arrears. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has reinstated Mr X’s housing benefit so there is no worthwhile outcome achievable.

Summary: We will not investigate this complaint about the determination of a Council tax reduction claim as there is no evidence of fault by the Council and there was a right of appeal to a tribunal.

Summary: We will not investigate this complaint about the complainant’s council tax support and council tax. This is because the complainant could have used her appeal rights and there is nothing we could achieve by carrying out an investigation.

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