Victorious Woman Prevails in Landmark ‘Maladministration’ Ruling Against DWP in State Pension Scandal

Daphne and Tim have finally achieved a breakthrough after years of navigating the complaints procedure with support from Steve Webb. This victory holds promise for other individuals who have been denied their rightful state pension arrears. The scandal of underpaid pensions, uncovered by Steve Webb and This is Money, has resulted in thousands of elderly women receiving a total of £1.2 billion in backpayments. However, the amount received varies depending on factors such as birth dates and whether a proactive claim is made. Daphne and Tim, both 80 years old, received assistance from Webb in their case, which serves as a lifeline to many others who missed out on higher state pensions.

The Independent Case Examiner ruled in favor of Daphne and her husband, finding maladministration by the Department for Work and Pensions. In addition to a previous backpayment of £1,200, Daphne is estimated to receive around £10,000 in further arrears, along with interest and compensation. While this decision offers hope, it is important to note that the Independent Case Examiner only investigates individual cases and other similar complaints have been referred to the Parliamentary Ombudsman for further review.

Daphne recounts her experience, expressing surprise and puzzlement upon discovering that she could have been receiving a higher pension for over a decade. She is frustrated that her backpayment was limited to just one year and believes that the mistake lies with the government, not herself. Daphne, a retired bookkeeper, and Tim, who used to work in the computer industry, emphasize that they would have taken the necessary steps if they had been properly informed about the second claim form.

Steve Webb, a former Pensions Minister and current partner at consultant LCP, sees Daphne’s case as a glimmer of hope for other women who were never sent the necessary claim form. He raises concerns about the inadequate processes for alerting women to the need for a second claim and calls for justice for the thousands of women affected by this systematic issue.

The Department for Work and Pensions states that, as per a court ruling from last year, married women whose husbands reached state pension age before March 17, 2008, are legally required to make a claim for an uplift in their state pension. They emphasize that their current actions are aimed at correcting historical underpayments and that there are no plans to change the 12-month backdating period.

For women who suspect they are underpaid and whose husbands reached state pension age before March 17, 2008, it is advised to make a proactive claim to the Department for Work and Pensions. The date of the first letter or telephone communication regarding the state pension entitlement is considered the valid date of claim, and the 12-month backdating arrears period is determined based on this date. It is recommended to keep records of communication for future reference.

In addition to Daphne’s successful complaint based on maladministration, there are four circumstances where women with ‘pre-March 2008 cases’ may be eligible for a larger payout. These involve factors such as birth dates, deferment of state pension, previous complaints, and being on a small ‘graduated retirement benefit’.

Elderly women who only received a one-year backpayment are encouraged to challenge the government’s decision and fight for their rightful arrears.

Reference

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