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Making good loss from delay in handling ill health early retirement 1

United Kingdom
22/12/2005
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Reference: N01041

The member would have received a higher level of benefits if the decision to pay her ill health benefits had been made before her 60th birthday. The Ombudsman held that there was an unreasonable delay in making the decision and that the trustees had not handled the case with sufficient urgency. Therefore, he ordered that the trustees pay the benefits that would have been payable had the decision been made before her 60th birthday.

In general, on the matter of what date the benefits ought to be backdated to once the decision has been made, the Ombudsman has held that (depending on the terms of the scheme rules) payments should be made from the date that the trustees/employer have sufficient evidence to make the decision. This is sometimes the date of the application and sometimes much later (especially when there is conflicting medical evidence).

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