NHS Injury Benefit Scheme (PO-10270)

Ombudsman’s Determination

Outcome

Mrs S’ complaint is upheld and to put matters right NHS Pensions should write off the overpayment in question and reimburse Mrs S any overpayments it has already recovered, with interest added.

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

Complaint summary

NHS BSA has paid Mrs S a higher income than the benefits she is entitled to under the Scheme (NHS benefits). Mrs S is unhappy because she has been overpaid a total of £31,529.80 between October 2002 and March 2012. NHS BSA initially agreed to write-off £16,142.95, for the period between October 2002 and December 2007. However, it still wished to recover the remaining balance of £15,386.85.

Mrs S feels this is unfair because she relied on the additional income in good faith and now she cannot afford to repay it.