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TPO pleased with plans announced in the King’s Speech reaffirming it as a competent court in overpayment recovery cases

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The Pensions Ombudsman (TPO) is pleased that the planned Pensions Schemes Bill, announced in the King’s Speech, will include reaffirming TPO as a ‘competent court’ in overpayment recovery cases.

The Court of Appeal had ruled in November 2023 that TPO was not a ‘competent court’ for the purposes of concluding overpayment disputes where recoupment is sought (i.e. where the trustee looks to offset the overpayment against future instalments of pension). We subsequently issued a response noting our disappointment.

The changes announced on Wednesday would allow schemes to recover money through recoupment in overpayment cases following an Ombudsman Determination without the need for a County Court order.

The Pensions Ombudsman, Dominic Harris, said:

“It is excellent news that the Pension Schemes Bill, announced in the King’s Speech, will include a measure to restore TPO’s status as a ‘competent court.’

The passage of such a bill should make ending outstanding overpayment disputes easier for all those involved, allowing for much faster and less costly resolution.”

Until the bill comes into effect, guidance contained within our factsheet should continue to be followed.

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