NHS (Scotland) Superannuation Scheme (PO-18629)

Ombudsman’s Determination

Outcome

I do not uphold Mrs N’s complaint and no further action is required by NHS Lanarkshire or SPPA. The overpayment is recoverable, and Mrs N should contact SPPA to reach an agreement to repay the money paid to her over her entitlement.

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

Complaint summary

Mrs N’s complain is that an abatement has been applied to her pension on the basis that she has continued to be employed by the NHS after her retirement from the Scheme, and that an overpayment has occurred as a result. Mrs N claims she is engaged by the NHS as a worker not an employee, therefore abatement should not apply to her benefits, meaning that there would be no overpayment.