Pensions Ombudsman determinations

The case of Hayes (PO-667), decided by the Deputy Pensions Ombudsman (DPO) in June, concerned a member who had applied for an ill-health pension under the NHS pension scheme. NHS Pensions (which was responsible for making the decision about the application) considered whether or not the member satisfied the ill-health tests under the scheme and decided that he did not and so refused to pay the pension.

The DPO found that NHS Pensions had failed to ask the right questions in considering the ill-health tests (because it had misinterpreted the scheme rules), and so the case was referred back to NHS Pensions for reconsideration.

However, in considering if there had been maladministration leading to injustice in this case, the DPO also looked at whether or not the detail that NHS Pensions had given to the member in relation to its decision had been sufficient. The DPO said this was not strictly the same as considering whether or not the legal requirements had been satisfied in this regard…

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