Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - November 1997 - April 1998 > C.373/95
Summary of Selected Cases
DEPARTMENT OF SOCIAL SECURITY
Wrong advice about entitlement to sickness benefit
Matters considered:
Mr X complained that in 1988 the Department of Social Security (DSS) had given him wrong advice about his eligibility for benefit, and that they had refused to compensate him for the late payment of benefit that resulted.
Summary of case
In October 1980 Mr X injured his back at work. DSS paid Mr X industrial injuries benefit and special hardship allowance. In June 1987 DSS disallowed Mr X's claim for sickness benefit (SB). In September 1988 Mr X made another claim for SB which DSS also disallowed. DSS told the Member in October 1988 that Mr X was not entitled to SB or any other benefit.
In July 1994, following a further approach from Mr X, DSS decided that Mr X had been entitled to SB and invalidity benefit since September 1988 and paid him arrears of benefit of £22,680. They refused to compensate him for late payment of benefit because they said that there had been no unambiguous departmental error.
Findings
I found that the advice given by DSS to the Member in October 1988 had been incomplete. I considered that Mr X should be compensated for the resulting delay in his benefit payments.
Remedy
BA made a compensation payment of £4,387.41 to Mr X. In addition, they paid him a total of £1,223.40 in respect of arrears of benefit and a total of £547 in compensation for late payment of those arrears
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