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Summary of Selected Cases
DEPARTMENT OF SOCIAL SECURITY
12. Case No. C.931/99
Benefits Agency: misdirection causing loss of entitlement to adult dependency increase
When Mr B's wife told the Benefits Agency in January 1997 about a forthcoming increase in her earnings, they overlooked a change to the regulations and told her in error that her earnings would not exceed a limit imposed for the purposes of determining eligibility for adult dependency increases. As a result, Mr B permanently lost entitlement to the increase. The Ombudsman found that the Benefits Agency's errors amounted to maladministration. The Chief Executive apologised to Mr B, and the Benefits Agency made him an extra-statutory payment in lieu of lost entitlement to the increase, amounting to £1,881.51. The Benefits Agency also made Mr B an ex gratia payment by way of interest amounting to £135.72 and agreed to make him an on-going weekly payment to compensate for the continuing loss of adult dependency increase.
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