Subject

Mr and Mrs McNee have complained that RBKC and Capita failed to pay the lump sum death benefit payable on the death of their daughter to them, contrary to her expression of wish.

The Pensions Ombudsman’s determination and short reasons

The complaint should be upheld against RBKC because they failed to give proper consideration to Mr and Mrs McNee as potential eligible recipients of the death grant.

Subject

Mr Stewart says that Mrs McLeod’s estate (the Estate) is entitled to receive the commuted ill-health lump sum (of £105,016.78) paid to it in July 2012. Accordingly, Mr Stewart says that my office should find that the Estate is entitled to keep the lump sum and should not return it (as is currently being requested by NHS Pensions).

Subject

Mr Gooch complains that LV= have failed to disclose the information they relied on, and the reasoning, for their decision not to award death benefits to him. He says that he has a legitimate interest and there may have been maladministration in the decision of the N M Pensions Trustees Limited (the Trustee).

Subject

Mr Bent is making an application on behalf of the executors of the estate. Mr Bent complains that NHS Pensions and BCUHB incorrectly paid the death gratuity payable in respect of a deceased former member of the Scheme, Miss Brenda Davies, to Miss Davies’ long-term partner, Mr J. Mr Bent complains that the death gratuity should have been paid to Miss Davies’ estate.

The Pensions Ombudsman’s determination and short reasons

The complaint should be upheld against NHS Pensions because they provided misleading information.

Complaint summary

Mr Gapper-Hampson complains that NHSBSA wrongly declined his claim for a survivor pension from the Scheme when his partner Mr Y died in 2013.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against NHSBSA because they fully complied with the provisions of the NHS Pension Scheme Regulations 1995 (as amended) (the Regulations) when making their decision to decline Mr Gapper-Hampson’s claim for a survivor pension from the Scheme.

Subject

Mrs Murphy complains of maladministration by DSG, the Scheme administrator, has resulted in financial loss to her. Specifically, she says that the assets of the Scheme appear to have been split in a prejudicial manner to her late husband, John Murphy.  She also says that DSG have used Scheme funds to provide a loan to one of their clients without disclosing this to the trustees and she has suffered a loss.

Subject

Mrs Bashford, as the legal personal representative of her late husband, has complained that she has not been properly compensated for the tax charges that arose on the death benefit payable in respect of her late husband’s personal pension. Furthermore the tax charges had only arisen as a result of the procedures that Scottish Widows had followed in settling the payment.

Subject

• Dr Blackshaw has complained that she and her husband were misled as to her entitlement to a widow’s pension under the Scheme. She says that she has suffered significant financial loss in her pension provision as a result of decisions taken in reliance of the incorrect information they were given.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint should be partially upheld against the Cabinet Office because:

Subject

Mr Green is making the relevant representations to my office, on behalf of himself and Ms S his co-executor, in relation to the late Ms C Anderson’s estate. The complaint against NHS Pensions and the NWLH Trust is about the delay in payment of a death gratuity, in respect of the late Ms C Anderson, leading to a penal tax charge on the final amount paid as it was not paid within two years. Mr Green says that if details of the payment due had been brought to his attention earlier a claim for the payment could have been made in time to avoid the tax charge.

Complaint Summary

The Executors are complaining about the refusal to pay to the estate the benefit they say is due in respect of the failure to pay Mrs Worden a pension before she died.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against the Trustees or MFW because: