Pensions Ombudsman is competent court for purposes of recouping overpayments under PA 1995, s 91 (Dr E PO-16856)

Table of contents

• Original news
• Summary
• What were the facts?
• What was the adjudicator’s decision?
• What was the Pensions Ombudsman decision?
• What are the implications of the determination?

Article summary

Pensions analysis: In the determination by the Pensions Ombudsman of Dr E (PO-16856), a pensioner objected to his scheme trustee seeking to recoup overpaid pension. The Ombudsman did not uphold the complaint, finding that the trustee was entitled to seek to recoup the overpayment. He also made reference to the obiter dicta statements of Mr Justice Arnold in Burgess & Ors v BIC UK Limited [2018] EWHC 785 (Ch) to the effect that the Pensions Ombudsman should not be considered to be a competent court for the purposes of section 91(6) Pensions Act 1995 (PA 1995), making it clear that he disagreed with the obiter dicta statements, at least insofar as they applied to recoupment claims. Wyn Derbyshire of gunnercooke LLP looks at the decision.