Teachers’ Pension Scheme (PO-8094)

Complaint summary

Mr Webber previously complained about the recovery of an overpayment of his pension from TP. This matter has been determined and remitted on appeal. The remaining issue before me is the applicable date for recovery of the overpayment and the quantum of the overpayment.

Summary of the Ombudsman’s Determination and reasons

The provisions of the Limitation Act 1980 apply because with reasonable diligence the mistake should have been discovered in the 2002/2003 tax year. The six year time period would run from this date.

The applicable date for recovery of the overpayment is 24 November 2009. This means that the Respondent is able to recover overpayments which were made up to six years prior to this date. As such, the quantum of the overpayment is £18,008.05.