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Summary of Selected Cases
DEPARTMENT OF SOCIAL SECURITY
Delay in submitting an income support claim to an adjudication
Matters considered:
Mr X complained that the way in which the Benefits Agency (BA) of the Department of Social Security handled his claim to income support (IS) and his request for a crisis loan from the social fund caused him distress and severe financial hardship.
Summary of case
Mr X made new claims to IS on 18 May and 8 June 1994 following changes of address. BA delayed putting his claim to an adjudication officer (AO) while they tried to obtain proof of his identity; and when they issued an interim payment on 21 June 1994 they failed to tell him that it was conditional on verifying his identity. They then suspended his claim of 18 May 1994 without notifying him, and on 12 July 1994 an AO disallowed his claim of 8 June on the ground that Mr X had failed to provide sufficient proof of identity. Mr X appealed in July 1994 and asked for a review, and BA put their submission on his case to a Social Security Appeal Tribunal (SSAT) on 3 November 1994. On 17 March 1995 the SSAT confirmed the AO's decision. Mr X sought leave to appeal to a Social Security Commissioner who subsequently set aside the SSAT decision and allowed Mr X's appeal.
Findings
I found that BA wrongly delayed submitting Mr X's claim to an AO while seeking proof of his identity. They then unduly delayed putting a submission to the SSAT and failed to act on his request for a review. Other mistakes included failing to notify Mr X of the suspension of his IS claim of 18 May 1994 and of the conditions attached to his interim payment. However, I did not find BA to have acted maladministratively in respect of the request for a crisis loan.
Remedy
The Permanent Secretary of the Department of Social Security apologised for the poor handling of Mr X's case. BA paid in full the arrears of £3,777 owing to Mr X along with ex gratia payments totalling £176.85 in compensation for their late payment and a consolatory payment of £100 in recognition of the gross inconvenience to which he had been subjected. BA also agreed to consider further the matter of compensation if Mr X were to provide objective evidence of a significant deterioration in health as a result of their handling of his case.
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