Recovery of benefit overpayment from an estate

Table of contents

• Original news
• What issues were considered in the case?
• What conclusions did the court reach?
• What was the court’s reasoning in reaching the particular conclusions it did?
• Do the court’s conclusions in the case have general application for other pension schemes seeking to recover overpayments?

Article summary

Pensions analysis: When can an NHS administering authority fully recover lump-sum death benefits paid in error? Naveed Soomro, professional support lawyer at Herbert Smith Freehills, comments on a ruling that there was no legal principle to enable limiting the claim to the net assets of the estate, and the administering authority could pursue the estate for the full amount of the overpayment.