Employment and Support Allowance: Maladministration

(asked on 14th December 2017) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 7 December 2017 to Question 116610, whether his Department intends to pay to each claimant whose entitlements were miscalculated between 2011 and 2014 the full amount dating back to when the miscalculation was made.


Answered by
Sarah Newton Portrait
Sarah Newton
This question was answered on 19th December 2017

The Department will be reviewing and paying arrears that are due to claimants affected. These payments will be paid from 21/10/2014 which is the Departments mandatory statutory requirement with regard to payment of arrears when a court or tribunal establishes the meaning of a legislative provision. Under this provision DWP will pay arrears from the date of the court or tribunal decision, which in this case is the 21/10/2014. The rule was most recently confirmed by Parliament in section 27 of the Social Security Act 1998, which received Royal Assent on 21 May 1998.

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