‘Substantial’ payout made to ‘benefits death’ case family

In the first settlement of its kind, a "substantial" payout has been received by the family of a woman who died from an overdose after her benefits were mistakenly cut.

Twenty seven year old Philippa Day was found collapsed at her home in Nottingham in August 2019, next to a letter from the Department for Work and Pensions (DWP) that rejected her request for an, "at home" benefits assessment.

Ms Day, who died from a brain injury after two months in a coma, had long-standing mental health issues and had endured months of stress and anxiety while pleading for her benefits to be reinstated.

In January an inquest at Nottingham Coroner's Court concluded that 28 "systematic errors" were made by both the DWP and Capita in managing Ms Day's case. Her family announced their intention to bring legal proceedings against the Government, which included a claim under the Human Rights Act for violation of the right to life.

Her family's lawyers said her family have now reached an agreement with Capita, to which the DWP outsourced some of its benefits operations. It is believed Ms Days family are to be the first to receive a payout in such circumstances, and it is understood the payment itself is, "substantial."

A spokesperson for Capita said: "We are very sorry for the mistakes we made in processing Philippa's personal independence payment (PIP) claim and the additional stress this caused her. In partnership with the DWP, we have considered and reviewed the coroner's report and we are implementing all the recommendations that are relevant to us."

A spokesperson for the DWP said: "Our condolences remain with the Day family."

PM Law 

Sheffield Solicitors