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Complainant: Mrs R
Complaint Topic: Benefits: overpayment (recovery of)
Ref: PO-20302
Outcome: Partly upheld
Respondent: 1. NHS Business Services Authority
2. Department of Health & Social Care
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Complaint Summary

Mrs R’s complaint concerns what NHS BSA has termed an overpayment of her pension benefits; it is seeking the return of these funds.

Mrs R does not consider that she has been overpaid and has alluded to an agreement with her former employer regarding the payment of these benefits.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against DHSC. I do not find that Mrs R’s agreement with Telford and Wrekin Primary Care Trust (the Trust) provides her with a separate, additional entitlement to pension benefits.

DHSC shall however pay Mrs R £2,500 in recognition of the exceptional distress and inconvenience she has suffered as a result of the Trust’s actions.

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