Railways Pension Scheme Arriva Trains Wales Section (PO-6365)

Ombudsman’s Determination and reasons

Mr L’s complaint is upheld and to put matters right the Committee should pay Mr L £750 for distress and inconvenience caused plus simple interest on the incapacity benefits that would have been payable in June 2014.

My reasons for reaching this view are explained in more detail below.

Complaint summary

In September 2014 Mr L complained to our Service that he had been refused incapacity benefits under the Scheme. In July 2015 the Committee awarded Mr L incapacity benefits backdated to when his employment ended with Arriva Trains Wales in April 2013. Mr L says the award was not timely made. He is claiming a sum for distress and inconvenience and seeking reimbursement of legal and medical fees paid.