The person concerned, whose husband died in September 1984, first applied for a widow's contributory pension in May 1995. She was awarded a pension with effect from 11 November 1994, the maximum late claim backdating period permissible under the legislation then in force.
Payment outside the statutory time limit could only be made at that time in very specific and exceptional circumstances, such as in cases of exceptional hardship, departmental error or where persons were so incapacitated that they were unable to make a claim within the specified maximum time period.
In the light of information subsequently supplied, it was decided in October 1996 to backdate the date of award of widow's contributory pension to 14 September 1984, to the first pension payment date following the date of death of her husband. This decision was taken on the basis that, on the balance of probability, the person concerned received information from the Department at the time of her husband's death that resulted in her not claiming at that time.
Arrears for the period from 14 September 1984 to 24 October 1996 inclusive, totalling £44,464.70, were issued by the Department to the person concerned in November 1996. An additional payment of £7,357.76 was issued to her that month, in compensation to her for the loss of purchasing power over the period for which the pension arrears payment was applicable. No court action was involved in settling this matter.
In August 1997 the person concerned wrote to the Department requesting payment of legal fees in the amount of £1,997.50. She was advised in October 1997 that any legal fees arising were a matter between herself and her solicitor in respect of professional services provided to her at her request and she was also informed that the Department had discharged its full liabilities to her.
