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    Senior Member nukecad's Avatar
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    Jun 2014
    West Cumbria (Lake District)

    IB-ESA error - Compensation?

    This is the DWP cock up that just won't lie down for them. (They think it's all over - no it's not).

    In a report published yesterday (12th January 2022).

    The Parlimentary and Health Service Ombudsman has called for compensation to be given to everyone who was affected by the IB-ESA migration error.

    (And for 'appropriate' interest to be paid on the backpayments already made).

    This compensation would be partly to make up for the other incidental losses that happened because those affected did not have the IR ESA award that they should have had.
    Losses such as free prescriptions/healthcare, passporting to full housing benefit, qualification for the Warm Home Discount, etc., etc.
    (my bolding)
    According to DWP’s figures, at least 118,000 other people were also affected by this error and have since been paid arrears, but cannot claim compensation.

    We upheld this complaint. We found that the DWP’s decision to not offer compensation to those affected was inconsistent with its own Principles for Remedy guidance. DWP’s failure to act in line with its own guidance was maladministration.
    From the report itself:
    3. We find that the DWP’s failure to
    act in line with its and our relevant
    guidance was maladministration, and
    that maladministration caused Ms U an
    unremedied injustice. We therefore uphold
    the complaint. We recommend that DWP:

    • write to Ms U to apologise for the
    impact of the failings on her

    • make a payment of £7,500 to
    compensate her for that impact

    • apply an appropriate rate of interest
    to the benefit arrears payment of

    4. As well, we recommend that DWP:

    • says what action it will take and when
    to remedy all those adversely affected
    by the migration to ESA who were not
    included in its Legal Entitlements and
    Administrative Practices (LEAP) exercise

    • reconsiders its decision to rule out
    compensating people included in the
    LEAP exercise in a way consistent with
    its own and our relevant guidance,
    including that it should provide remedies
    to others who have suffered injustice
    or hardship as a result of the same
    maladministration or poor service, where

    • reports to the Work and Pensions
    Select Committee (copied to the Public
    Administration and Constitutional Affairs
    and Public Accounts Select Committees)
    on its progress and what decisions it
    makes about how to remedy its failings.

    5. We also acknowledge that the matters
    complained of were distressing for Ms U
    and express our sympathy.
    It will be interesting to see if anything actually comes of this report.
    Last edited by nukecad; 13-01-22 at 11:48.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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