IRRV Alert - week ending 15th April 2022 part 2

News

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.

London Borough of Lambeth (21 015 977)

 

Summary: We will not investigate Mr X’s complaint about the Council’s refusal to grant him a business rates discount. This is because there is no evidence of fault by the Council.

Welwyn Hatfield Borough Council (21 016 083)

 

Summary: We will not investigate this complaint about issues arising from a council tax payment. Fault by the Council has not caused the complainant injustice that would justify our involvement.

London Borough of Sutton (21 016 357)

 

Summary: We will not investigate this complaint about the council tax empty homes premium. This is because there is insufficient evidence of fault by the Council and because the problem has been resolved.

London Borough of Ealing (21 016 121)

 

Summary: We will not investigate this complaint about council tax liability. Part of the period has already been considered by a court of law and it would be reasonable for the complainant to appeal to the Valuation Tribunal against any demand from the Council for the current year. There is no fault in the Council not awarding council tax support if the taxpayer has not made a claim for it, regardless of whether the person is entitled separately to Universal Credit.

Kirklees Metropolitan Borough Council (21 016 215)

 

Summary: We will not investigate this complaint about the Citizen’s Advice as they are not a body within jurisdiction.

Eastleigh Borough Council (21 016 671)

 

Summary: We will not investigate this complaint about the Council refusing Miss X a council tax exemption. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There was a right to appeal to a tribunal, which it would have been reasonable to expect Miss X to use.

North Tyneside Metropolitan Borough Council (21 002 315)

 

Summary: Mr X complained the Council unfairly excluded home-based businesses from its COVID-19 Local Restrictions Support Grant scheme. He also said the Council gave misleading information about its grant schemes and failed to exercise discretion. The Ombudsman found the Council was at fault for not keeping a record of its decision-making. However, the fault did not cause Mr X an injustice. The Ombudsman did not find evidence the Council misrepresented its grant schemes.

London Borough of Southwark (21 016 515)

 

Summary: We will not investigate this complaint about costs associated with a Liability Order for council tax arrears because there is insufficient evidence of fault by the Council.

London Borough of Camden (21 005 275)

 

Summary: Mr C complained a retail business he represents did not receive a Retail, Hospitality and Leisure Grant. We uphold this complaint, finding the Council made a flawed decision to refuse the grant. This caused uncertainty. The Council accepts these findings and will reconsider its decision as part of a series of actions agreed to remedy this injustice, set out in detail at the end of this statement.

Leicester City Council (21 015 455)

 

Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a COVID-19 Test and Trace support payment. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

Medway Council (21 015 507)

 

Summary: We will not investigate this complaint about the suspension and termination of Mrs X’s housing benefit claim. It is reasonable for Mrs X to appeal to the independent First-Tier benefits tribunal about the decision that she is no longer entitled to benefit for the period in question.

Medway Council (21 016 351)

 

Summary: We will not investigate Mr X’s complaint about council tax banding. This is because Mr X had a right of appeal to the Valuation Tribunal and it would have been reasonable for him to use that right.

West Northamptonshire Council (21 016 487)

 

Summary: We will not investigate this complaint about the Council’s decision to recover housing benefit and council tax reduction it had overpaid. That is because it is not unreasonable to expect the complainant to have used her rights of appeal.

Rossendale Borough Council (21 008 391)

 

Summary: Mr X complained the Council wrongly refused his sporting club a COVID-19 grant on the basis that it is a members-only club and so not reasonably accessible to visiting members of the public. Mr X says this has caused financial hardship. The Council failed to give clear and consistent reasons for refusal and failed to seek information about the accessibility of the club. The Council will invite the club to submit evidence to show it is reasonably accessible to visiting members of the public and will reconsider eligibility for the grant.

Newcastle-under-Lyme Borough Council (21 015 268)

 

Summary: Mr X complains about the Council’s decision to recover overpaid housing benefit. We will not investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.

London Borough of Haringey (21 015 647)

 

Summary: We will not investigate this complaint about the Council’s decision to recover overpaid housing benefit. This is because it would not have been unreasonable to expect the complainant to have used her right of appeal to the tribunal service.

Bristol City Council (21 014 375)

 

Summary: We will not investigate this complaint about appealing a housing benefit overpayment which was created in 2018. Ms X appealed against the decision to the First-Tier Tribunal, and it gave its binding decision in 2019.


 


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