Dept Social Protection fail to inform man of pension entitlement - €68k paid

This case featured in the Ombudsman's Annual Report for 2012

Background

Survivor’s Contributory Pension (SCP) is a weekly payment to the husband, wife or civil partner of a deceased person. The payment was formerly called the Widow’s/Widower’s (Contributory) Pension. To qualify, either the surviving spouse or partner, or their deceased spouse or partner, must have made sufficient social insurance contributions (PRSI).

I received a complaint from a man whose wife had died in November 1998. The man was working at the time and believed that this meant he would not qualify for SCP. He subsequently became aware that he was entitled to SCP and submitted a claim to the Department of Social Protection in December 2008. The Department awarded the complainant payment of arrears under the late claim provision in the Social Welfare Acts but backdated the claim to January 2006 and not November 1998, the date his wife passed away. The man’s claim for further backdating was refused and he asked me to examine the case.

Examination

I conducted a detailed examination of the Department’s files in relation to the man’s dealings with the Department. I noticed that the man had notified the Department about his wife’s passing in March 1999 when seeking a transfer of Child Benefit from his late wife’s name to his name. I considered that it was reasonable to have expected the Department to have notified the man of his entitlement to claim SCP at that stage.

Outcome

I asked the Department to review its refusal to fully backdate his claim. I am pleased to say that the Department agreed to review the case. In light of the fact that the man had notified the Child Benefit section that his wife had died, it agreed to backdate his claim to March 1999, and paid the man arrears of SCP of over €68,000.