Annex Team
DWP Central Freedom of Information A
e-mail: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Ref No - 1486/09
19 th August 2009
Annex A
Dear Ms Irvine,
Thank you for your Freedom of information request received on 27/7/09. You asked for :-
1)what action can be taken against the pension service for loss and compensation because
The pension service failed to pay a due weekly state pension to me from age 60 from the
08/01/2004 on the basis of seven years NHI contributions plus 11 years child benefit/home
responsibilities protection and failed to give me the choice of
pension deferral. I understand that there is a discretionary fund in place for this purpose held
by the IPC deficiency notice team (DNT).
2)What action can be taken against a pension/insurance ltd company for misusing and
misappropriating AVC monies towards their shortfall in the GMP Fund/additional state
pension/section 32 buyout policy which is a guaranteed fund. There is no occasion when
AVC personal pension monies which should provide a separate annuity can be used to fund
an already guaranteed additional state pension.
3) What action can be taken for denial of any access to AVC/section 32 buyout policies in
breach of all industry regulations.
In answer to your questions :-
1. Basically the Pensions Disability Carers Service operate a 3 tier complaint procedure.
Initially the customer should contact the Pension Centre or Helpline with whom they first
had contact. The Manager/supervisor should be the first person to write to or telephone to
discuss the complaint with. They will discuss the complaint, explain and apologise.
Appropriate compensation should be considered at this point.
If the customer is still not happy with the response they can go to the second tier of
complaint where they will write to the Pension Centre Manager of the appropriate Pension
Centre they dealt with. This should have been provided during the response at the first tier
level complaint. The Pension Centre will refer the case to Special payments team to
consider any request for compensation either at the customer’s or the Pension Centre’s
instigation.
If the customer is still unhappy with the response they are signposted from tier 2 to tier 3 of
the complaints procedure. This means that they can write to the chief executive, who will
reply to the complaint and will request that the relevant Pension Centre will take remedial
action, if appropriate.
Should the customer still be dissatisfied, they can then consider approaching the
Independent Case Examiner (ICE) who will look at the service provided and whether
recommendations for improvement should be made.
The Independent Case Examiner can be contacted in writing at :-
PO Box 155,
Chester,
CH99 9SA.
By telephone on 0845 606 0777.
Or by E-Mail on:-
xxx@xxxxx.xxxxx.xx.xx
Enclosed below is a graphic representation of the 3 tier complaint procedure that
summarises the information given above. You may find this useful.
2. & 3,
Whilst you are obviously unhappy with the way your Section 32 buyout and AVCs have
been dealt with it isn't clear whether your complaint is against the pension scheme that
arranged the contract or the actions of the insurance company in fulfilling the contract. I
suggest, in the first instance, that you should contact the Pensions Advisory Service, who
can give you information about anything to do with your pension and will be able to advise
you about the appropriate body to contact should you wish to make a complaint. Their
contact details are on their website at www.pensionsadvisoryservice.org.uk.
There is also more general information about Section 32 buyouts and AVCs available on
the HM Revenue & Customs website www.hmrc.gov.uk and the Financial Services
Authority website www.fsa.gov.uk. I hope this helps.
If you have any queries about this letter please contact me quoting the reference number
above.
Yours sincerely,
DWP Central FoI Team
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Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx or by writing to DWP, Central FoI Team, 2nd
Floor The Adelphi, 1-11, John Adam Street, London WC2N 6HT. Any review request should be
submitted within two months of the date of this letter.
If you are not content with the outcome of the internal review you may apply directly to the
Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a
decision unless you have exhausted our own complaints procedure. The Information
Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk