IRRV Alert - week ending 30th July 2021
Information Letters
News
Circulars
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. Cheshire West & Chester Council (21 001 068)
Summary: We cannot investigate this complaint about a housing benefit overpayment because the complainant appealed to the tribunal. We will not investigate the complaint about an overpayment of council tax reduction because the complainant could have applied for discretionary relief and then appealed to the tribunal. London Borough of Hillingdon (21 001 510)
Summary: Mr X complains about the Council’s decision to end its council tax discount scheme for the over 65s. We will not investigate as there is insufficient evidence of fault by the Council. Kirklees Metropolitan Borough Council (20 009 274)
Summary: Mr X complained the Council wrongly refused COVID-19 related business grants for his two businesses. As one business is a dental practice it was not eligible for the Retail, Hospitality and Leisure Grant and so the refusal was not fault. Mr X did not provide evidence requested regarding the retail use of his other business and there is no fault in the Council not reviewing its decision. London Borough of Hackney (20 011 585)
Summary: Ms X complains about the Council’s decision to recover housing benefit from her. We will not investigate this complaint because she had a right of appeal to a tribunal and the complaint is out of time. Kirklees Metropolitan Borough Council (20 014 333)
Summary: We cannot investigate this housing benefit complaint because the complainant appealed to the tribunal and could make a new appeal. I cannot investigate the Council’s decision to ask the complainant to pay rent arrears, or decide the property has two bedrooms, because I have no power to investigate a council when it is acting as a landlord. Canterbury City Council (21 000 489)
Summary: We will not investigate this complaint that the Council will not pay the complainant interest or compensation following a change in his council tax band. We are unlikely to find evidence of fault causing the complainant injustice that justifies our involvement. London Borough of Camden (21 000 944)
Summary: We will not investigate this council tax complaint because the Council has provided a fair remedy for a lack of clarity in a phone call. Gravesham Borough Council (21 001 136)
Summary: Ms X complains about the Council’s decisions regarding her housing benefit entitlement. We will not investigate this complaint because there is a right of appeal to a tribunal. Blackburn with Darwen Council (21 001 191)
Summary: Mr X complains about the Council’s enforcement of council tax bills despite a debt relief order. We will not investigate this complaint because there is no evidence of fault by the Council and the matter can also be considered by a court. London Borough of Bexley (21 000 325)
Summary: We will not investigate Mr X’s complaint the Council has applied an empty property council tax premium which he cannot afford to pay. There is nothing to be achieved by investigating. We cannot lawfully question the Council’s council tax policy. Mr X has reached an agreement to pay. City of Wolverhampton Council (21 002 252)
Summary: We will not investigate this complaint about the Council’s decision to recover a housing benefit overpayment. This is because Mr X’s complaint is late and there are no good reasons to exercise our discretion to investigate. Tameside Metropolitan Borough Council (20 008 856)
Summary: Mr Y complains the Council wrongly refused Mrs X a small business grant resulting in her business closure. We find fault in the Council’s decision making process that did not affect the decision outcome but caused uncertainty. We recommend the Council provides an apology to Mrs X and takes steps to prevent recurrence. East Hertfordshire District Council (20 008 157)
Summary: Mr X complains the Council wrongly refused him a business grant, causing increased business risk. We find no fault in the Council’s decision making process but we find fault in its communications with Mr X. We recommend the Council provide an apology and payment for time and trouble. London Borough of Bexley (20 013 849)
Summary: We will not investigate this complaint about the Council’s decision not to pay interest on a council tax refund or compensation. This is because there is insufficient evidence of fault by the Council to warrant an investigation. Kirklees Metropolitan Borough Council (21 000 764)
Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a COVID-19 business grant. This is because there is no evidence of fault in the way the Council reached its decision.
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