IRRV Alert - week ending 28th April 2023
News
Circulars
Consultations
Reports
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. Statement Closed after initial enquiries Housing benefit and council tax benefit 14-Mar-2023 Summary: We will not investigate this complaint about the Council refusing to accept Ms X’s car insurance as a business expense. She says this affected her housing benefit and council tax reduction/support entitlement. This is because it is outside of the Ombudsman’s jurisdiction as it is reasonable for Ms X to use her right of appeal to the relevant tribunals. Statement Closed after initial enquiries Council tax 14-Mar-2023 Summary: We will not investigate this complaint about council tax liability. This is because Mr Y can reasonably be expected to challenge his liability at the Valuation Tribunal. Statement Upheld Council tax 14-Mar-2023 Summary: We will not investigate this complaint about council tax arrears because the Council has provided a fair remedy. Statement Closed after initial enquiries Council tax 13-Mar-2023 Summary: We will not investigate this complaint about the Council’s use of bailiffs to collect council tax arrears and a complaint about the conduct of the bailiffs. This is because there is insufficient evidence of fault by the Council. Statement Closed after initial enquiries Council tax 13-Mar-2023 Summary: We will not investigate this complaint about Council tax payments as they are out of time. Mr X also has a right of appeal to a tribunal. Statement Upheld Council tax 13-Mar-2023 Summary: Ms X complained the Council failed to pay her Council Tax Support and failed to respond to her correspondence about payment of her council tax bills. The Council is at fault for failing to respond to Ms X’s communication and failing to provide support when Ms X said she was struggling to pay her council tax. The Council are not at fault for failing to pay Ms X Council Tax Support as she had not submitted all the information; the Council is at fault for not explaining this. Statement Upheld Other 10-Mar-2023 Summary: Mr X complained that the Council wrongly held his company liable for a business rates debt and failed to send invoices, denying him the opportunity to dispute the debt. He says the Council wrongly instructed enforcement agents to recover the debt and the agent who visited the premises acted in an aggressive manner. We found the Council wrongly held Mr X’s company liable for the debt but we did not uphold his other complaints. The Council has already provided an adequate remedy for the injustice caused to Mr X. It has now agreed to send an apology to his employee for the distress caused by the enforcement agent’s visit. Statement Closed after initial enquiries Council tax 10-Mar-2023 Summary: We will not investigate this complaint about the Council refusing to agree to a fair and affordable payment plan to allow Mrs X to pay off her council tax arrears. She also complains the Council threatened to cancel her council tax support. This is because there is insufficient evidence of fault. Statement Upheld Covid-19 10-Mar-2023 Summary: Miss X complained the Council refused business grants and delayed dealing with her complaint, causing financial loss and distress. We did not investigate matters arising more than 12 months before Miss X contacted us. We found no fault in the Council’s decision making but we found fault in its communications. We recommended it provide Miss X with an apology, pay £100 for distress and uncertainty and pay £100 for time and trouble. Statement Closed after initial enquiries Council tax 10-Mar-2023 Summary: We will not investigate this complaint about Mr X’s liability to pay council tax. Statement Closed after initial enquiries Housing benefit and council tax benefit 09-Mar-2023 Summary: We will not investigate this complaint about the Council’s decision to create an overpayment relating to housing benefit in 2020. This is because the complaint is late and there are no good reasons to investigate now. Statement Closed after initial enquiries Council tax 08-Mar-2023 Summary: We will not investigate this complaint about council tax liability. This is because it is reasonable to expect Ms Y to challenge any liability through the Valuation Tribunal. Statement Closed after initial enquiries Council tax 08-Mar-2023 Summary: We will not investigate this complaint about council tax liability. This is because it is reasonable to expect Mr and Mrs Y to approach the Valuation Tribunal if they wish to challenge their liability for the amount the Council says they owe in council tax. Statement Closed after initial enquiries Council tax 08-Mar-2023 Summary: We will not investigate this complaint about council tax liability. This is because it is reasonable to expect Miss Y to appeal to the Valuation Tribunal. Statement Closed after initial enquiries Council tax 08-Mar-2023 Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s council tax account. She also complains the Council failed to properly consider her request for council tax support. This is because some matters complained about are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault to justify an investigation. Statement Closed after initial enquiries Council tax 08-Mar-2023 Summary: We will not investigate this complaint about the Council’s handling of the council tax account in respect of Mr X’s late father’s home as the complaint is made late to us and there is insufficient remaining injustice caused to Mr X to warrant our involvement. |
