Neither BA nor Mr B received notifications of that decision and BA did not learn of it until 15 September 1998 when they telephoned the Independent Tribunal Service. As a result, income support wrongly continued in payment from August 1997 until 21 July 1998. In October 1998 Mr B made a new claim for income support from August 1997 on the basis of a different incapacity. BA accepted the claim marketing companies as valid from 17 June 1998 but on 9 March 1999 they disallowed it on the grounds that Mr B’s. Mr B appealed and a tribunal hearing took place on 25 May 1999.
However, the tribunal’s decision was subsequently set aside because of a careless error made by BA in submitting the papers to them. One of Mr B’s lenders began legal action against him in June 1999 which led to the sale of his house in March 2000.The Ombudsman found BA at fault for not discovering earlier the outcome of the setting aside application in August 1997 and that Mr B had lost statutory entitlement to income support as a result. The Ombudsman found that there had been some avoidable delays in sending mortgage interest payments to the lenders but he found no evidence of adverse effect on Mr B.
The Chief Executive of BA apologised for shortcomings in BA’s performance.The Benefits Agency (BA) lost Mr H’s requests for a review of their refusal to award him the care component of disability living allowance. When BA reviewed their decision and awarded Mr H the middle rate care component they failed to explain clearly why his benefit could not be backdated by more than a month from 18 December 1997 (the date of the review request which they held).
After the Ombudsman’s intervention BA accepted that Mr H had requested a review in October 1997 and paid arrears of benefit, with interest, from 17 September to 18 November 1997, totalling £342.32. Ms S complained that the Benefits Agency (BA) had misdirected her client, Miss M, when, having been found fit for work, BA told her that she could make a fresh claim for incapacity benefit instead of advising her to claim jobseeker’s allowance.
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