Successful appeals

Survivor’s pension, hospital death and clamped car cases

Refusal to backdate survivor's pension after wife dies
A man's wife died in 1998 but he was unaware that he was entitled to claim for a survivor's pension. When he finally did so in 2008, the Department of Social Protection backdated the payment but only to 2006, the date of his application.

In her review, the ombudsman discovered that the department had become aware of the death of the man’s wife when he transferred child benefit to his name but had not informed him of his pension entitlement. The Department agreed to review the case and awarded the man arrears of over €68,000.


Seriousness of dying mother's
condition not reviewed
A complaint was received from a man who was distressed after receiving a call from the Mid Western Regional Hospital at Dooradoyle, Limerick, saying his mother was dying. He received the call at noon and arrived at 1.30pm. He was not briefed on the seriousness of his mother's condition until 5.45pm. She died that night at 11.40pm.

The delay meant the rest of the family, who were in Britain, could not get over in time to be at the woman's bedside when she died. The ombudsman's investigation found the woman was probably not reviewed medically between 9am and 5.45pm. The hospital apologised, and introduced guidelines aimed at ensuring next-of-kin are contacted in a timely manner.

Car clamp fine applied despite fault with parking meter
A couple attended the National Maternity Hospital with their new-born baby for tests. They parked on Grattan Street, near Holles Street, Dublin ,and tried to pay but the meter rejected their coins.

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They returned to find their car clamped. When they paid to get the clamp released they were told the meter was faulty. Their appeal against the fine was rejected. Following intervention from the ombudsman, the case was referred to an appeals officer who recommended a refund of the clamp release fee.

Paul Cullen

Paul Cullen

Paul Cullen is Health Editor of The Irish Times