NHS Injury Benefit Scheme (CAS-44445-W7S6)

Ombudsman’s Determination

Outcome

Mr N’s complaint against NHS BSA is partly upheld. To put matters right, NHS BSA shall pay Mr N £500 for the significant distress and inconvenience caused.

Complaint summary

Mr N has complained that NHS BSA did not pay him the correct amount of permanent injury benefit (PIB), having offset the compensation he had received via a civil claim from his pension benefits. He asserts that:-

· NHS BSA used an incorrect lower pensionable pay figure of £14,333.70 to calculate his PIB award. He referred to several different higher figures NHS BSA should have used.

· He received £17,000 to £20,000 compensation for the injury and not £62,000 as stated by NHS BSA.

· He paid £24,457.27 to the Department for Work and Pensions (DWP) in respect of payments due to its Compensation Recovery Unit (CRU). This is more than the payment of £22,534.22 which was taken into account by NHS BSA.

· He would like to be paid interest on what he considers to be a late award by virtue of the fact his application was accepted in 2019, rather than 2007, when he suffered his permanent loss of earning ability (PLOEA).