The pensioner had received a mistaken statement of benefits showing an exaggerated view of her pension entitlement. Acting upon that statement, she had taken early retirement. The council appealed an order by the Pensions Ombudsman requiring the council employer to upgrade the benefits to what she had been told she was entitled to.
Held: The job of the Ombudsman was to put her in the position she would have been in had the correct information been given. The claimant had not alleged that she had suffered any loss. The payment of the correct amount could not be maladministration. The attention should have been on the losses flowing from the taking of the early retirement. The determination was quashed and remitted for reconsideration.
Judges:
Blackburne J
Citations:
Times 23-Jan-2004, Gazette 05-Feb-2004
Jurisdiction:
England and Wales
Financial Services
Updated: 27 June 2022; Ref: scu.193783
