NHS Business Services Authority v Ingram

NHS Business Services Authority v Ingram

PIB must be calculated based on the IDB rate properly payable under statute, including corrections for clerical or administrative errors, to ensure the intended income protection and avoid permanent effect of mistakes.

Parties
Appellant: NHS Business Services Authority; Respondent: Edward Ingram
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Permanent Injury Benefit Calculation, Industrial Disablement Benefit Interaction, Statutory Interpretation, Benefit Entitlement Correction
Pensions Administrative Law Permanent Injury Benefit Calculation Industrial Disablement Benefit Interaction Statutory Interpretation Benefit Entitlement Correction

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Parties

NHS Business Services Authority

Appellant

Edward Ingram

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 How should Permanent Injury Benefit (PIB) be calculated when Industrial Disablement Benefit (IDB) is retrospectively corrected?
  2. 2 Does 'rate in operation at the date on which the employment ceased' refer to the rate actually paid or the rate properly payable under statute?

Ratio Decidendi

PIB must be calculated based on the IDB rate properly payable under statute, including corrections for clerical or administrative errors, to ensure the intended income protection and avoid permanent effect of mistakes.

Court Disposition

appeal allowed

Orders

  • Mr Ingram's complaint is rejected.
  • PIB to be assessed on the basis of IDB reflecting the March 2003 clerical correction.