NHS Pension Scheme (CAS-53208-T4X5)

Ombudsman’s Determination

Outcome

Mrs H’s complaint against NHS BSA and Winchmore Hill Practice is partly upheld. To put matters right, for the part that is upheld, NHS BSA and Winchmore Hill Practice shall pay Mrs H a distress and inconvenience award in recognition of the non-financial injustice she has sustained.

Complaint summary

Mrs H’s complaint concerns an overpayment of pension benefits that NHS BSA is seeking to recover by way of repayment. In particular:- 

• NHS BSA initially claimed that her pension benefits had been overpaid by £940.89. It subsequently advised that the amount payable was £343.93. 

• Winchmore Hill Practice should revise its calculations of her pensionable pay, so that it is consistent with the pensionable pay used in the calculation of the pension benefits that have allegedly been overpaid. 

• The administrative errors Winchmore Hill Practice made in connection with her case amount to a breach of its duty of care and "Employer Obligations", as defined in the “Employers Charter”. NHS BSA has failed to hold Winchmore Hill Practice responsible for those breaches.