Legal principles regarding recovery of historic pension overpayments
💸 moneysocial problemSingle report ●●●●●
The author is seeking information on the legal principles determining whether UK public-sector and occupational pension schemes can recover historic overpayments caused by their own administrative errors, particularly when the recipient had no reason to know of the error and may have even received confirmation of the amount.
What people do today
- Consulting the Pensions Ombudsman
- Seeking legal advice on 'change of position' defenses
- Requesting a waiver or repayment plan from the pension scheme
🔧 Fix this
Ideas a builder, maker or community group could start on:
- A legal advocacy platform providing templates for 'change of position' defense letters specifically for pension overpayment disputes.
- A specialized mediation service to negotiate repayment waivers between pensioners and public-sector pension administrators.
- A policy proposal to mandate that pension schemes cannot recover overpayments caused by their own administrative errors if the recipient acted in good faith.
Real voices
“civil service, NHS and Post Office pensioners being asked to repay large historic overpayments caused by administrative errors”
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