Anglian Water Group Pension Scheme – Mirror Image Section (PO-14458)

Ombudsman’s Determination

Outcome

I do not uphold Mr S’s complaint and no further action is required by AWG and the Trustees.

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

Complaint summary

Mr S complains that AWG, his former employer, and the Trustees wrongly declined his application in May 2016 for payment of his pension on the grounds of ill health early retirement (IHER) from active service. He alleges that AWG prior to reaching its decision that he did not meet the incapacity criteria of the Scheme (as shown in the Appendix below):

• did not ask the right questions or allow for all his medical conditions;
• did not consider how his mental health problems triggered his primary condition, chronic epilepsy, or that previous medical treatments have been ineffective;
• did not allow for the fact that he has met the criteria for long term incapacity relating to epilepsy and depression as defined in the Equality Act 2010; and
• did not consider that following his recent successful court appeal during which the difficulties of prognosis and treatment of his connected neurological and psychological conditions were acknowledged, he was awarded Personal Independence Payments (PIP) for five years from 10 August 2016