The Swedish Pensions Agency receives severe criticism for not taking decisions in certain cases regarding the income pension complement and because a request for review was treated as a general enquiry
On 15 December 2020, the Swedish Parliament decided to introduce an income pension complement as a benefit for those with a low pension. The Pensions Agency was to start paying the complement in September 2021. Before then, the authority needed to decide who fulfilled the requirements for receiving the complement without the individuals having to apply for the benefit. To examine the matter, the Pensions Agency sent an information letter to people who received a Swedish pension and had worked in another country. The letter asked the individuals to provide information on any pensions from other countries. The letter was sent, inter alia, to those persons who fulfilled these requirements and who lived in the United Kingdom. Later in the spring of 2021, the Pensions Agency assessed that UK residents could not receive the income pension complement due to the UK leaving the EU. However, the Pensions Agency did not inform affected persons in the UK of this position. According to the Parliamentary Ombudsman, failing to make a decision in this way on the entitlement of certain persons to an income pension complement is contrary to both the rules on decisions in the Administrative Procedure Act and the principle of equality.
AA, who lived in the UK, had provided information about his pension in accordance with the Pensions Agency’s request in the information letter. When he asked the Pensions Agency about the status of his case, he was told by email that he did not fulfil the requirements for receiving the benefit. He then requested a review of the email message. The Pensions Agency treated the request as a general enquiry which was answered by letter two months later. The Parliamentary Ombudsman emphasises that when someone requests a review of a decision that does not exist, the authority should consider the request as an application for the benefit in question.