IRRV Alert - week ending 2nd June 2023
News
Consultations
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 Council tax 18-Apr-2023 Summary: We will not investigate this complaint about Council tax payments as there is no evidence of fault and she can appeal to a tribunal. She can also pursue a complaint to the Information Commissioner’s Office. Statement Closed after initial enquiries Housing benefit and council tax benefit 18-Apr-2023 Summary: We will not investigate this complaint about the Council’s decision to recover housing benefit overpayments from Mr X. The Council has referred the case to His Majesty’s Courts and Tribunals Service, and this is the appropriate route for Mr X to challenge the decision. Statement Closed after initial enquiries Other 18-Apr-2023 Summary: We will not investigate Mrs X’s complaint about the Council wrongly holding her liable for business rates. This is because the court has accepted her liability and if she disputes its decision it would be reasonable for her to apply to set aside the liability order. Any delay by the Council in deciding Mrs X’s application for hardship relief did not cause significant injustice and does not therefore warrant further investigation. Statement Closed after initial enquiries Council tax 17-Apr-2023 Summary: We will not investigate this complaint about council tax liability because it is reasonable to expect Ms Y to appeal to the Valuation Tribunal. Statement Upheld Council tax 16-Apr-2023 Summary: We will not investigate this complaint about the Council’s enforcement of a Council tax debt as the matter has been remedied. Statement Closed after initial enquiries Housing benefit and council tax benefit 16-Apr-2023 Summary: We will not investigate this complaint about housing benefit because the complaint is late with no good reason to investigate now and the Tribunal is better placed to consider the issues raised. Statement Closed after initial enquiries Council tax 13-Apr-2023 Summary: We will not investigate this complaint about the Council beginning court proceedings in relation to unpaid council tax. The law prevent us from doing so. Statement Upheld Housing benefit and council tax benefit 13-Apr-2023 Summary: Mr D complained on behalf of his mother, Mrs X. He complained the Council wrongly cancelled her benefit claims, failed to reinstate them when provided with evidence and that staff were rude and unhelpful. We find the Council was at fault for delay and wrongly cancelling Mrs X’s benefit claims and for failing to clearly explain what documents were sufficient for proof of address. This caused Mrs X and her family distress, anxiety, confusion, and put her and her family to the time and trouble of making a complaint. We have not found fault with the Council for suspending Mrs X’s claims while it investigated her claim. We have made no findings about Mrs X’s complaint that staff were rude and unhelpful. The Council has agreed to remedy the injustice caused. Statement Upheld Council tax 13-Apr-2023 Summary: There was some minor fault in how the Council dealt with Mr X’s correspondence when he said he was no longer liable for council tax. It caused a slight delay and asked him for some information which it already had. However, it has already remedied his injustice by apologising. |
