IRRV Alert - week ending 9th April 2021

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New benefits and taxation decisions

 

 

 

 

 

 

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local government and social care ombudsman

 

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.

Cornwall Council (20 010 400)

 

Summary: We will not investigate Mr X’s complaint that the Council wrongly advised him about paying council tax for his holiday let. This is because there is not enough evidence of fault by the Council.

North Devon District Council (19 021 236)

 

Summary: Miss B complained the Council wrongly told her she would be able to claim housing benefit when she moved to North Devon. Miss B said she could not claim housing benefit when she moved, and this put her in financial difficulty. The Council was at fault for implementing the Amendment of the Universal Credit (Transitional Provisions) Regulations 2014 in June 2018 before the ruling came into effect in January 2019. The Council incorrectly told Miss B her benefits would be unaffected if she moved and wrongly paid her housing benefit. This caused injustice to Miss B. The Council agreed to make a financial payment to Miss B to acknowledge the impact of its fault.

Basildon Borough Council (20 010 502)

 

Summary: Ms X complains that the Council revised her entitlement to council tax support and increased her council tax bill as a result. We will not investigate this complaint because this is a matter for the Valuation Tribunal.

City of Bradford Metropolitan District Council (20 010 561)

 

Summary: Ms X complains that the Council acted unreasonably in pursuing arrears of council tax. We will not investigate this complaint because there is no evidence of fault by the Council.

Tonbridge and Malling Borough Council (20 004 337)

 

Summary: Mr B complained about the Council’s handling of his claim for housing benefit and the recovery of overpayments. There was fault that caused injustice to Mr B. The Council will apologise and make a payment.

Burnley Borough Council (20 003 181)

 

Summary: Mr X complained the Council refused to award a small business grant, which caused financial hardship. The Council was not at fault.

East Suffolk Council (19 020 957)

 

Summary: Ms T complained that there was fault in the way the Council dealt with her application for a discretionary housing payment. We found the Council was at fault in failing to consider Ms T’s request for financial assistance with fitting carpets in her new property. To remedy the injustice caused, the Council re-considered this request and agreed to reimburse Ms T for the cost of the carpets and pay her £250 in recognition of credit card charges she incurred by having to borrow money to pay for the carpets.

Manchester City Council (20 007 033)

 

Summary: It is too late for us to investigate issues relating to the complainant’s council tax support which arose in 2018. The Information Commissioner’s Office is best placed to deal with Freedom of Information and data protection issues.

City of Bradford Metropolitan District Council (20 010 147)

 

Summary: We will not investigate Ms X’s complaint about the Council’s decision to refuse her application for a Test and Trace Support Payment. This is because it is unlikely we would find fault in the way the Council reached its decision.

Huntingdonshire District Council (20 010 414)

 

Summary: We will not investigate this complaint that the Council has not given the complainant a Discretionary Housing Payment. The complainant is not entitled to such a payment because he has no housing rental liability.

Manchester City Council (20 010 585)

 

Summary: We will not investigate this council tax complaint and the Council’s decision not to remove some court costs. This is because there is insufficient evidence of fault by the Council and because the costs have been confirmed in court.

 
 
 
 
 

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