Teachers Pension Scheme · CAS-35905-F3F3

CAS-35905-F3F3

Ombudsman’s Determination Applicant: Ms S

Scheme: Teachers' Pension Scheme (TPS)

Respondent: Teachers' Pensions

Outcome

Complaint summary

Background information, including submissions from the parties Background

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“I acknowledge that the above amount is not an insignificant amount to repay and clearly we do not wish to put anyone in the position of hardship. However, we should also not confuse the inconvenience of repaying the debt with hardship 1. Where a single repayment cannot be secured, we have the discretion to offer repayment plans of up to 36 months without the need to secure any financial evidence of the ability to pay. If, this is still not an option, then we are obliged to seek further information by issuing an Income and Expenditure Form (also referred to as a Means Questionnaire) to review, fairly, what may be deemed affordable repayment amounts.”

1 Ms S has said that she was offended by this comment. 2 Managing Public Money

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Ms S’ position

3 Ms S’ partner died in August 2016.

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4 Teachers’ Pensions is seeking to recover the net pension overpaid to Ms S.

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Teachers’ Pensions’ position

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7 CAS-35905-F3F3 Adjudicator’s Opinion

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Teachers’ Pensions confirmed that it accepted the Adjudicator’s Opinion and the suggested remedies. However, Ms S did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. The NEU, on Ms S’ behalf, has pointed out that, although the delay in notifying Ms S that there had been an overpayment did not affect the amount of overpayment relating to her lump sum, the overpayment of her pension was higher than it might otherwise have been. The NEU suggests that this should be taken into account when determining how much Ms S should be required to repay. I have considered this argument but I find that it does not change the outcome. I agree with the Adjudicator’s Opinion.

Ombudsman’s decision

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• Her circumstances have changed detrimentally; and

• The change of circumstances has been caused by receipt of the overpayment.

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Therefore, I uphold Ms S’ complaint to the extent that she has a change of position defence to the recovery of £3,384.14.

Directions

Anthony Arter Pensions Ombudsman

30 June 2022

15 CAS-35905-F3F3 Appendix 1 The Teachers’ Pensions Regulations 2010 (SI2010/990) (as amended)

“13 General

A Case does not apply to reckonable service taken into account in the calculation of a phased retirement pension except where the phased retirement pension has ceased to be payable under regulation 59 (cessation of phased retirement pension).”

“114 Cessation, etc of benefits where no entitlement

(1) This regulation applies where after paying a benefit the Secretary of State determines that there was no entitlement to the benefit or there is no longer an entitlement to the benefit.

(2) The Secretary of State may -

(a) cease to pay the benefit;

(b) withhold the whole or any part of the benefit;

(c) in the case of a payment made when there was no entitlement to the benefit, recover any such payment.”

16 CAS-35905-F3F3 Appendix 2 Transcript of telephone conversation on 1 September 2014

“… so it isn’t that you paid out 8 and 9 you have just paid out 9 ok.”

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