Webber v Department for Education (Pensions Ombudsman intervening) – WLR Daily

Posted October 25th, 2016 in complaints, law reports, limitations, ombudsmen, pensions, time limits by tracey

Webber v Department for Education (Pensions Ombudsman intervening) [2016] EWHC 2519 (Ch)

‘The complainant was a teacher and a member of the Teachers’ Pension Scheme. In November 2009 the pension scheme’s administrator wrote to the complainant seeking recovery of pension overpayments in respect of each year since 2002. The complainant made a complaint to the Pensions Ombudsman, pursuant to Part X of the Pension Schemes Act 1993, in which he took a limitation defence. The administrator wrote to the ombudsman in December 2011, indicating it opposed the complaint. The ombudsman went on to reject the complainant’s limitation defence. On his appeal, the High Court held that the complainant had a limitation defence for the recovery of any overpayments made more than six years before the relevant date when the limitation period was to be regarded as having stopped. On a further determination, the ombudsman held that the relevant cut off date for the purposes of limitation was that of the November 2009 letter, namely, the date of an unequivocal demand.’

WLR Daily, 14th October 2016

Source: www.iclr.co.uk