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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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I have a small pension with the scottish public pension

Resolved Question:

I have a small pension with the scottish public pension agency. I was medically retired but returned to work on a part time basis and no longer doing the same type of job.I followed the correct procedure and checked before taking this salaried appointment,the amount I could earn before losing any pension.I have in writing that I was informed that there was no earnings ceiling and I did not have to notify them of future earnings.
However, last year the pension agency contacted me requesting I pay back some £1000 as I had exceeded my earnings limit. On discussion I was told that the information I was given before starting my new job,had been wrong and they apologised but still are requesting the repayment. I have a salaried job with set hours so cannot easily reduce my earnings now.Also iI was given a rise in 2014 as were all in a similar job to me across Scotland and I think this is probably why I earned more last year.
I submitted a formal dispute recently with the SPPA but they replied that I was unsuccessful.
Should I just bite the bullet and pay up or have I any legal rights considering I was misinformed to begin with?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
However, annoying this might be, especially given that it was the incompetence of the SPPA that caused it to start with, I'm afraid the law is that if someone pays you too much, they are entitled to ask for it back. This includes overpayments of salary, pensions and even banks who have been known to put too much money into people's bank accounts.
If they were to sue you for the money back they would win, however, any court would give you time to pay, generally within a year.
So offer them the money back in instalments over a year.
Please leave a positive response so that I am credited for my time.
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