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Underpaid State Pension
Just wondering if anyone has any comments or suggestions, in respect of the following:- Client (female) reached SRP age in June 2000, she claimed and was awarded SRP (47%) based on her own contributions. In July 2006, her husband reached SRP age and she would have been entitled to a Cat B pension from then. It seems the DWP sent an invitation for her to claim Cat B, however it was sent to a very old address ( I know however that they aren’t compelled to do so) and consequently no claim was made.
In June 2020 she was invited to claim an addition to her pension as she had turned 80, she did so and was subsequently awarded an increase which was backdated, but this was limited to 12 months. as entitlement pre-dated 17/3/2008 the date the onus was switched to the Department. The Appeal has already been submitted and I have agreed to assist, but wondered if anyone had any words of wisdom or pointers. Many thanks
Hello Allan, just to clarify, are you asking if she can argue that she should have had her Cat B pension paid from 2006 when her husband retired instead of the 12 months back to 2019?
Hi Anthony, thanks for the response- that is exactly the point.
Many thanks
I knew I had seen something about this, hope it helps
Hi Vonny,
Thanks so much for that, I will have a proper look and make the family aware of the NAO’s action/investigation. I am sure that it will be something the family will be very interested in.
Our benefit specialist Liam drafted this short piece about the problem recently.
State Pension underpayment errors
You’ll see that we note the 12-month maximum backdate limit as that’s the line we’ve heard from DWP. We’ve not actually had any cases come our way, so don’t really have much to offer byway of advice on an appeal - the problem is, as you note, that a claim is required in law and if one hasn’t been made, I’ve struggled to identify grounds to challenge as things stand.
Of course, your client can look at claiming financial redress for maladministration if the appeal does not succeed.
Would be interested to hear how your client gets on either way, good luck.
Thanks for that Paul, sadly I think that this is the way this is going to go as there seems little in the way of argument, other than morally (never a good basis for being successful at Tribunal). Anyway, I will see how it goes and be sure to feedback anything interesting that comes out of this. Its looking increasingly like the Maladministration route however.