Your pension provider can only pay you the benefits that you are entitled to under the rules of the pension scheme, and the provider has a duty to try to recover the overpayment.
If you believed the benefits you were being paid were correct and spent money or made financial decisions on the basis of receiving that level of benefits, which you would not have made otherwise, you may have grounds to argue that you should not have to repay some or all of the money that has already been paid to you.
However, you must be able to show that you changed your financial position based on the amounts paid to you, or that the pension provider made a clear statement that you relied on. It is also very important to be able to show that any change you made to your financial position or reliance on statements was reasonable.
If you have been made aware by your pension provider that they have been overpaying your benefits, you should also take any steps you can to reduce your financial loss. For example, if you had booked a holiday which you would not have booked if you knew that you were receiving the overpayments, and it is possible to cancel it, you should do so.
If the overpayments have been made to you for a long time, there might be some of the money the provider cannot recover because too much time has passed, but this will depend on the exact circumstances of the overpayments.
If you think you should not have to repay the overpayments, or that a repayment plan proposed by your pension provider will put you in financial hardship, you should raise this with your pension provider. If you are unsatisfied with their response, please complete our application and send us all relevant paperwork.