IRRV Alert - week ending 21st October 2022
Information Letters
News
New benefits and taxation decisions
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A weekly update on benefits and taxation decisions |
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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. Birmingham City Council (22 006 081)
Summary: We will not investigate this complaint about a housing benefit overpayment which led to the complainant being disqualified from the housing register. This is because there is insufficient evidence of fault by the Council, it is a late complaint, and the complainant could have used her appeal rights. Chelmsford City Council (22 006 450)
Summary: We will not investigate this complaint about the Council not paying Mr X the council tax rebate for energy costs. There is not enough evidence of fault by the Council. London Borough of Wandsworth (22 006 601)
Summary: We will not investigate this complaint about an overpayment of housing benefit. This is because we are satisfied with the actions the Council has taken to remedy the complaint. Bromsgrove District Council (21 011 500)
Summary: Ms X complained about Council’s method of recovery of a large overpayment of council tax benefit. We have found the Council to be at fault because there was uncertainty about whether Ms X was told the overpayment would be taken from her bank account by direct debit. This caused considerable distress to Ms X. We have also found fault with the content of the demand letter. To remedy the injustice, the Council has agreed to pay Ms X £150, apologise and review its practices in this area. Birmingham City Council (21 014 058)
Summary: Mr X complains the Council was wrong to pursue him for business rates that he doesn’t owe. We find fault with the Council for failing to respond to Mr X, causing him frustration and distress. We have suggested remedies for the injustice Mr X suffered as a result. Royal Borough of Greenwich (22 000 672)
Summary: Mr X complains the Council failed to recognise his requests for his tenants housing benefit to be paid to him. This meant the tenant fell into significant arrears which the Council has refused to backdate. The Ombudsman intends to find fault with the Council for failing to properly consider Mr X’s request and for failing to follow its own policy. This caused Mr X to incur financial debt. The Council has agreed to reimburse Mr X the money he would have received if there had been no maladministration. The Council has also agreed a financial payment for distress and a service remedy. Three Rivers District Council (22 005 864)
Summary: We will not investigate this complaint about the Council’s handling of Miss X’s application for council tax reduction and with her complaint. Since Miss X contacted us, the Council has dealt with the outstanding points and provided a satisfactory remedy. Herefordshire Council (22 006 840)
Summary: We will not investigate this complaint about the complainant’s council tax band because there is insufficient evidence of fault by the Council. Birmingham City Council (21 018 334)
Summary: Mr X complains about how the Council handled his council tax account. There were some faults by the Council in how it managed Mr X’s council tax account and how it responded to his concerns. This caused Mr X distress, uncertainty, frustration and time and trouble chasing the Council for clarification. The Council’s failings also denied Mr X his right of appeal. The Council will take action to remedy the injustice caused. Birmingham City Council (22 003 940)
Summary: Mr X complained the Council is seeking payment for Council he has already paid. We found fault with the Council for losing Mr X’s payment and delays in handling his complaint. The Council agreed to our recommendation to apply the missing payment to Mr X’s Council Tax account, settling any outstanding balance and refunding Mr X the resulting credit. Swindon Borough Council (22 006 204)
Summary: We will not investigate this complaint about a housing benefit overpayment which arose in 2014. This is because it is a late complaint, the complainant could have used her appeal rights, and because there is insufficient evidence of fault by the Council.
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