2.Main Content
Benefits
This page contains the following information about Benefits:
Benefits administration
Challenging a decision about benefit levels
ADR for complaints about how benefit decisions are made
Table of ADR options
Benefits administration This section describes what ADR options are available for complaints and disputes over state benefits and tax credits. It is important to note that ADR cannot be used to challenge benefit decisions, entitlement or rate of payment: see challenging a decision about benefit levels.
You can get more information about claiming benefits, and dealing with benefits problems, on the Advicenow website.
ADR schemes handle complaints about treatment and delay; they can make good any financial loss suffered as a result of poor advice or maladministration, and can award small compensation payments.
The main bodies administering the most common benefits in England, Wales and Scotland are:
1. The Department for Work and Pensions (DWP) which deals with most social security benefits. This includes:
- JobCentre Plus, for all claims by people of working age including Social Fund requests
- the Pension Service, for claims by people over 60
- the Disability and Carers Service (for Attendance Allowance, Disability Living Allowance)
- Child Support Agency (Child Support maintenance)
2. Local authorities (for Housing and Council Tax Benefits)
3. The Inland Revenue (for tax credits such as Child Tax Credit and Working Tax Credit)
In Northern Ireland the main administering bodies are:
- Northern Ireland Housing Executive (Housing Benefit)
- Rates Collection Agency (Council Tax Benefit)
- Social Security Agency (social security benefits and Social Fund)
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Challenging a decision about benefit levels
It is important to distinguish between challenging a benefit decision, and making a complaint about how a benefit decision was made.
In most cases, challenging a benefit decision involves an appeal to tribunal. It is important to get independent advice about such appeals. It is also important to note that there are strict deadlines for appealing decisions about benefits. For example, for social security benefits the usual limit is one month.
More information about appeals can be found on the Appeals Service website.
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ADR for complaints about how benefit decisions are made
ADR is not frequently used in disputes over benefits. Most ADR schemes cannot overturn a decision made by any of the agencies which are part of the DWP. (Social Fund decisions are an exception; see below.) Some ombudsmen, however, can examine complaints about the way benefit decisions were made. Such complaints can include:
- delay in dealing with the case
- being treated badly or unfairly
- bias or discrimination
- being given misleading advice at any stage
- not being told about a right to appeal a decision
In 2005-06, for example, 6% of complaints made to the Local Government Ombudsman in England related to Housing Benefit.
Because of the requirement for a council to have a reasonable chance to consider a complaint first (see ’when can complaints be made?’) the Ombudsman route may not be appropriate for cases in which urgent action is needed (eg to prevent eviction). Normally the LGO allows councils twelve weeks to investigate and respond to a complaint before it will take on the case. However, where the matter is urgent, the LGO can accept a complaint straight away and deal with it as a priority. The Ombudsman may be able ask the council to put proceedings (eg possession action or council tax recovery) on hold while the complaint is being investigated. However it is particularly important in urgent cases to get specialist advice about how best to proceed.
All complaints which are not urgent should first go to the agency in writing. If the complaints procedure does not resolve the matter, an ombudsman or independent ombudsman-like body (such as an adjudicator or reviewer) can then consider the complaint.
Complaints about decisions on Social Fund requests can be made to the Independent Review Service (IRS). The IRS can review both the way the decision was made and the decision itself. The IRS can confirm the decision, send it back for reconsideration, or overturn the decision and substitute its own decision. However, this is a review process rather than an appeal, as individuals do not have a right to Social Fund payments, and decisions are made according to priority of need.
A Citizens Advice report in 2002 found that the standard of initial decision-making for Social Fund requests is poor, and as a result a high rate of decisions are overturned by an internal review. When a complaint goes on to the next stage, the IRS, the 2004-05 annual report shows that 56% of decisions are changed by the IRS inspector. This is either because there is an important error in the Jobcentre Plus decision which makes the outcome wrong, or because there has been a relevant change in the circumstances of the applicant.
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Updated September 2006
| Benefit | Complain first to | Taking it further |
|---|---|---|
| Child Support | Child Support Agency | Independent Case Examiner |
| NI Child Support Agency | Northern Ireland Ombudsman | |
| Council Tax Benefit | Local authority | Local Government Ombudsman Scottish Public Services Ombudsman |
| Rates Collection Agency | Northern Ireland Ombudsman | |
| Housing Benefit | Local authority | Local Government Ombudsman Scottish Public Services Ombudsman |
| NI Housing Executive | Northern Ireland Ombudsman | |
| Income Support | Jobcentre Plus | Parliamentary Ombudsman |
| Social Security Agency | Northern Ireland Ombudsman | |
| National Insurance | National Insurance Contributions Office | Adjudicator |
| Social Security Agency | Northern Ireland Ombudsman | |
| Rate rebate | Rates Collection Agency | Northern Ireland Ombudsman |
| State pensions and related benefits | Pension Service | Parliamentary Ombudsman |
| Social Fund | Jobcentre Plus | Independent Review Service |
| Social Security Agency | Northern Ireland Ombudsman | |
| Tax credits | Inland Revenue | Adjudicator |
| All other benefits | Jobcentre Plus | Parliamentary Ombudsman |
| Social Security Agency | Northern Ireland Ombudsman |
Links to websites for the organisations listed above
Independent Case Examiner
Northern Ireland Ombudsman
Local Government Ombudsman for England
Local Government Ombudsman for Wales
Scottish Public Services Ombudsman
Parliamentary Ombudsman
Adjudicator
Independent Review Service
Links to pages on this site giving an overview of each organisation
Independent Case Examiner
Northern Ireland Ombudsman
Local Government Ombudsman
Public Services Ombud for Wales
Scottish Public Services Ombud
Parliamentary Ombudsman
Adjudicator
Independent Review Service
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