September 29, 2015

The Ombudsman found that Mrs Ps complaint about BAd handling of her application for sickness benefit was not justified, and he found no evidence that BA had been motivated by bias in their dealings with Mrs P. Mr B complained that the Benefits Agency (BA) wrongly tried to recover large amounts of income support (IS) that they had mistakenly paid to him. Mr B further complained that BA had delayed the renewal of his severe disablement allowance (SDA). BA also undertook to reconsider their procedures for notifying claimants that their SDA claims had been renewed.

The disability benefits unit suspended and later disallowed Miss Xs claim for disability living allowance (DLA). as they believed her to be permanently resident in Denmark and without a home in Great Britain. In January 1998, following a lengthy series of delays for some of which the Benefits Agency (BA) and the Independent Tribunal Service (ITS) were separately responsible. 10 arrears of DLA including a sum paid directly to Motability to settle outstanding payments on her adapted car.

The Ombudsman found Miss Xs complaint to be largely justified. BA and ITS apologised for the errors and delays. On 9 June 1997 Mr A, who had been unable to work due to illness since September 1995, claimed incapacity benefit (IB) which was awarded from 9 March 1997, the maximum backdating allowed by the legislation. He subsequently contended that in September/October 1995 he had visited a local office of the Benefits Agency (BA) to enquire about possible entitlement to sickness benefit but had been told that he was not entitled to IB, the benefit which had replaced sickness benefit.

BA refuse to compensate Me for his lost statutory entitlement to benefit on the grounds that misdirection had not occurred. The Ombudsman found maladministration in the way BA had reached their decision and asked them to look at it again in light of his own findings on Mr As claim of misdirection. BA subsequently awarded Mr A extra-statutory IB (including the 1996 Christmas bonus). He also found that the BA has mishandled correspondence, the subsequent complaint about an interview, and the reinstatement of benefits. Read More : Valuations VIC