NHS Pension Scheme (PO-4259)

Complaint summary

Mr Leps complains that the NHS Business Services Authority (the NHSBSA) should honour their commitment to pay his pension benefits. Mr Leps was incorrectly informed he could stay in the Scheme, but his benefits have now been reduced and he is required to repay a substantial overpayment.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against the NHSBSA because:

• they accepted contributions from the NHS Dental Services for Mr Leps when he was beyond the upper age limit, which amounts to maladministration;
• they have perpetuated his belief that he was earning pension rights beyond age 70, leading to a loss of expectation (as opposed to a right), resulting in a significant amount of disappointment, distress and inconvenience;
• the evidence indicates that this matter has still not been completely rectified and further remedial action is necessary.