NHS Pension Scheme (PO-3555 and PO-3661)

Subject

Mr Green is making the relevant representations to my office, on behalf of himself and Ms S his co-executor, in relation to the late Ms C Anderson’s estate. The complaint against NHS Pensions and the NWLH Trust is about the delay in payment of a death gratuity, in respect of the late Ms C Anderson, leading to a penal tax charge on the final amount paid as it was not paid within two years. Mr Green says that if details of the payment due had been brought to his attention earlier a claim for the payment could have been made in time to avoid the tax charge.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint should not be upheld against the Respondents as they were not required to bring the death gratuity to Mr Green’s attention under any statutory duty. It also was not maladministration to fail to mention this when he first called NHS Pensions in September 2012 to enquire about a different benefit.