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Invalidity Pension Case 2

Question At Issue:

Whether a late claim may be backdated on the basis of information given to the appellant.

Background:

The appellant was awarded an Invalidity Pension from the date she applied in November 2006. Subsequently, she sought to have the claim backdated to August 2002 as she had been in receipt of Illness Benefit at that time and considered that she had been misinformed by the Department regarding her options.

In November 2002, following a review of her Illness Benefit claim, the appellant was found to be capable of work and payment of Illness Benefit ceased. She appealed this decision and was informed by the Deciding Officer that she could make a claim for Jobseeker’s Benefit while her appeal was being processed. In the event, she won her appeal and payment of Illness Benefit was restored.

In relation to the decision to refuse her request for backdating the claim for Invalidity Pension, the appellant argued that the Deciding Officer’s advice was misleading in that it led her to conclude that she could not claim Invalidity Pension at that time.

Having identified no dispute as to the facts of the case, the Appeals Officer determined the appeal on a summary basis.

Consideration of the Appeals Officer:

The Appeals Officer noted the appellant’s contention that the advice given to her was misleading and that she should have been advised to apply for Invalidity Pension. He noted also the Deciding Officer’s statement that it is standard practice to inform persons found capable of work to claim Jobseeker’s Benefit and that it would be inappropriate in such circumstances to advise someone to claim Invalidity Pension.

The Appeals Officer concluded that the advice given to the appellant was not such as to mislead or prejudice her in any way and that it was reasonable advice in the circumstances. He accepted that it would be inappropriate to advise a person who has been assessed as being capable of work to claim a pension which requires that person to be incapable of work. He noted also that it was open to the appellant to claim Invalidity Pension when payment of Illness Benefit was restored in 2003 or at any intervening stage before the claim of November 2006.

Outcome:

Appeal disallowed.

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