393    INDEX                                                        Our Ref: LGR85/18/73

July 1998

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (“the 1997 regulations”)

 

1. I refer to your letter of 19 June 1998 in which you appeal, on behalf of your father (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person for XXX County Council.  The Appointed Person found that the complaint had not been made within six months from the date on which Mr XXX was notified of the decision which was the subject of his disagreement and that in the circumstances he did not consider it reasonable to extend the six month limit. He decided that as the complaint was lodged out of time he was unable to consider it.

 

2. You ask the Secretary of State to reconsider whether there is a question of maladministration through neglect, inattention and delay on the part of Mr XXX’s former employers.

 

3. The Secretary of State has considered all the representations and evidence, including Mr XXX’s letter of 27 November 1975 which you believe was not available to the Appointed Person.  Copies of the papers considered by the Appointed Person were sent to you under cover of the Department’s letter of 7 July 1998.

 

4. Secretary of State’s determination: The facts of this case are as stated by the Appointed Person in his decision letter dated 22 December 1997.  From the evidence supplied to the Secretary of State it appears that there was no correspondence in connection with the matter of the increase in Mr XXX’s pension between 1976 and 1995. In the judgement of the Secretary of State, this constitutes undue delay on the part of Mr XXX in pursuing his claim.  Where there is a cause of action, it should be pursued with reasonable diligence.  The Secretary of State finds no evidence of any particular circumstances in this case that would make it equitable now to reopen the matter.  Accordingly his decision is that the complaint of maladministration through neglect, inattention and delay raised in your letter of 18 June 1998 cannot now be considered by him.  His decision confirms that made by the Appointed Person.  Having made his determination he has no power to alter it but you may refer the matter to the Pensions Ombudsman or to the High Court.  Because of this officials may not discuss the case further.

 

5.The Occupational Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 233 8080).

 

6. The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).