Case Study: Man has pension payment backdated to date of eligibility

Background
Investigation
Outcome

Background

Joe complained to the Ombudsman when the Department of Social Protection refused to backdate payment of his Contributory State Pension to the date he would have become eligible - at 66 years of age. Joe had applied when he was 70, and was granted the pension which was backdated for six months prior to his application - the time provided for in legislation.

Joe told the Ombudsman that he had visited a local office of the Department shortly before turning 66. He was told he was unlikely to qualify for a pension and was not eligible for a NonContributory State pension. As a result, he did not pursue his application any further.

Investigation

The Ombudsman raised the issue with the Department. The Department did not dispute that the man had visited its local office and that he was told he was not eligible for a Non Contributory pension. However, the Ombudsman believed that Joe should have been informed of his possible eligibility for a Contributory State Pension at that time. He believed the Department should review Joe’s case with a view to backdating his payment to when he was 66.

Outcome

The Department reviewed Joe’s case and accepted that it should have informed Joe of his possible entitlement when he approached the Department’s local office. The Department awarded Joe arrears of €46,040 backdated to the date he became eligible.