Complaint summary

Miss C’s complaint against the Employer and the Trustees is about their decision on the death in service benefits under the Scheme following the death of Mr Paul Bien.

Summary of the Ombudsman’s decision and reasons

The complaint should be upheld against both the Employer and the Trustees because they both misinterpreted the Rules, and the Employer failed to make sufficient enquiries before deciding who Mr Bien’s relatives and dependants were.

Ombudsman’s Determination

Outcome

Mrs D’s complaint is upheld and to put matters right, the Trustee should complete and return the relevant payment instructions form to Abbey Life (the administrators of the Scheme), pay Mrs D a lump sum amounting to the backdated payments that should have been paid from her Normal Retirement Date (NRD) and a further £500 for the distress and inconvenience caused to her.

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

Ombudsman’s Determination

Outcome

Dr S’ complaint is upheld and to put matters right NHS BSA should pay him £500 in recognition of the distress and inconvenience caused by the NHS BSA’s failure in making payments in a timely manner.

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

Ombudsman’s Determination

Outcome

Mr W’s complaint against Scottish Widows is partly upheld. To put matters right, (for the part that is upheld), Scottish Widows should pay Mr W £500 compensation for the significant distress and inconvenience caused to him by their admitted failings in this case.

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

Ombudsman’s Determination

 Complaint Summary

Mrs L and Mr H have complained that Mr Dutton misappropriated benefits due from the Plan on the death of their brother Mr S.

Summary of the Ombudsman’s Determination and reasons

The complaint should be upheld against Mr Dutton because he refused to allow Mr S to transfer his preserved benefits, ignored Mr S’ wishes as well as the Plan Rules and statutory requirements, and improperly shared out Mr S’ fund between Manflex Limited and its employees.

Ombudsman’s Determination

Outcome

Mr D’s complaint is upheld and to put matters right Gwent Police Pensions should cease the deduction of Employment and Support Allowance (ESA) from Mr D’s Injury Pension and refund to Mr D all ESA deductions that have been made to date with interest.

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

Complaint summary

Mr D’s complaint is that Gwent Police have deducted ESA from his Injury Pension since November 2011.

Ombudsman’s Determination

Outcome

Mrs N’s complaint is upheld and to put matters right Gwent Police Pensions should cease the deduction of Employment and Support Allowance (ESA) from Mrs N’s Injury Pension and refund to Mrs N all ESA deductions that have been made to date with interest.

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

Complaint summary

Mrs N’s complaint is that Gwent Police have deducted ESA from her Injury Pension since February 2013.

Ombudsman’s Determination

Outcome

Dr R’s complaint is upheld and to put matters right NHS BSA shall within 7 days of the date of this Determination pay Dr R £500 for distress and inconvenience caused and within 28 days reconsider Dr R’s application for a Permanent Injury Benefit (PIB).

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

Complaint summary

Dr R’s complaint is that he has been incorrectly refused a PIB.

Among other things, Gordons Partnership (who are representing Dr R) say:

Ombudsman’s Determination

Outcome

Mrs A’s complaint is upheld and to put matters right the Firm should now pay:

• into the Plan the redress amount calculated by AVIVA, the Plan administrator, required to put Mrs A back in the position she would have been if all the regular pension contributions had been paid at the correct time; and
• £500 compensation to Mrs A in recognition of the distress and inconvenience which they have caused her.

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

Ombudsman’s Determination

Outcome

Dr D’s complaint is upheld to the extent that she has suffered distress and inconvenience and, to put matters right, NHSBSA should pay her £500 compensation.

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