NHS Injury Benefit Scheme (PO-9785)

Ombudsman’s Determination

Complaint Summary

Mrs K has complained that NHS BSA’s decision to recover an overpayment of Personal Injury Benefit (PIB), which was paid by the Scheme, is unfair.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against NHS BSA.  Part of the overpayment, accrued in the period before 16 March 2010, is subject to limitation under the Limitation Act 1980 (the Limitation Act) and a valid change of position defence applies to part, but not all, of the remainder of the overpayment which is not statute barred.

In addition, Mrs K has suffered severe distress and inconvenience, such that an award is warranted.