Teachers’ Pension Scheme (PO-11441)

Ombudsman’s Determination

Outcome

I do not uphold Mr T’s complaint and no further action is required by TP.

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

Complaint summary

Mr T was in receipt of a spouses’ pension which ceased from 1 November 2014 due to Mr T informing TP that he was cohabiting.  TP has requested repayment of an overpayment that occurred from 18 October 2006, the date that Mr T began cohabiting, up until the pension was ceased in 2014.

Mr T has complained that it was not reasonable for him to have been aware that his pension would cease, or that he was required to inform TP if he cohabited.  He says that, with reasonable diligence, TP should have been aware of his cohabitation as early as 2006, and therefore he has a defence under the Limitation Act 1980, (the Limitation Act), to prevent the overpayment being recovered from him.