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Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of selected cases
DEPARTMENT OF SOCIAL SECURITY
Delay by the Benefits Agency in paying arrears of reduced earnings allowance
The Ombudsman upheld Mr H's complaint that the Benefits Agency (BA) had not compensated him for failing to identify in March 1996 that they should not have replaced his reduced earnings allowance by retirement allowance in October 1994. The decision to replace his reduced earnings allowance had been in accordance with the intention of the legislation but, after subsequent Social Security Commissioners' decisions had indicated that Mr H should have continued to receive reduced earnings allowance, his case was missed from a trawl undertaken by BA to identify and review all affected cases. BA reviewed Mr H's award in March 1998. They extended the award of reduced earnings allowance to 31 March 1996 and paid him arrears of £2,213.01. After the Ombudsman's intervention BA agreed also to make an ex gratia payment of £159.51 to compensate Mr H for the two-year delay in identifying that arrears had been due to him.
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