NHS Pension Scheme (PO-10128)

Ombudsman’s Determination

Outcome

Mrs S’ complaint against NHS Pensions is partly upheld, but there is a part of the complaint I do not agree with. To put matters right (for the part that is upheld) NHS Pensions should adjust the amount of overpayment they are seeking to recover to allow for a change of position defence. They should also allow Mrs S to submit a hardship claim in respect of the remaining overpayment.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mrs S has complained that she has not been awarded Tier 2 ill health retirement benefits. She was awarded Tier 1 benefits retrospectively and believes she should have been awarded Tier 2 benefits at this time.

Mrs S says the Trust did not put her forward for ill health retirement in 2011.

Mrs S has also complained that NHS Pensions are seeking to recover an overpayment of £838.20 (net). She has explained that she spent the money on refurbishments to her home to accommodate her disability.