Teachers’ Pension Scheme (CAS-13449-R1C9)

Ombudsman’s Determination

Outcome

The complaint is only partially upheld because Mrs S has not established that she has a legal defence against the recovery of the overpayment. Teachers’ Pensions has discretion whether to seek recovery of the overpayment under the principles of unjust enrichment and/or Regulation 114 of The Teachers’ Pensions Regulations 2010. Teachers’ Pensions cannot fetter its discretion as to whether to seek recovery. Teachers’ Pensions shall consider afresh whether to seek recovery of the overpayment. If it reaches the same conclusion as before, it shall consider what is an appropriate period of recovery having regard, among other things, to any evidence provided by Mrs S on the hardship this will cause her.

Complaint summary

Mrs S has complained that Teachers’ Pensions is seeking to recover £47,727.84 (net) which it says has been overpaid to her.