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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife pension company has recently informed us that her widows

Customer Question

My wife pension company has recently informed us that her widows pension she received on the death of her first husband has been totally mismanaged . In the fist few years she was underpaid then overpaid as it should have gone to half after a certain no of years.they have admitted full responsibility for this error .have now halved her pension but want repayment of sum overpaid which is considerable .we are both pensioners and very stressed over this .our only asset is our property and some savings which we need for emergencies .they are asking for some £200 a month for twenty years .her state pension is just starting which helps her loss of half pension from the company but if we pay what they are asking will find ourselves some £380 a month worse off .
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your enquiry.

Generally, If a pension scheme makes a mistake, it's normally the case that you do not have a right to the sums given to you in error. The basic principle is you are only entitled to your correct benefits, and not to figures quoted by mistake.

However, if because of the mistake you made decisions or spent money, and you would not have done this otherwise, compensation may be payable to make good the loss you've suffered.

If the mistake that led to an overpayment was made more than six years ago, it may also be possible that overpayments made more than six years from when you are told of the mistake, do not need to be repaid. This will depend on if it was reasonable for the mistake to have been found earlier than it was.

This is a complex area and I would suggest that you speak to the Pensions Advisory service, which is a free service! They will be able to discuss your Wife's case in full with her. They can be contacted on 0300(###) ###-####

I hope this assists you.

Good luck.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for that
It seems the. Mistakes have been over some a
Eleven years total her half pay should have started in2007 but. Have just been found in an audit .it seems there are some 12 other people als affected.are we liable to pay this amount back considering how long this has been going on
Expert:  Aston Lawyer replied 2 years ago.

Hi Roger,

Unless your Wife should have known that she was being paid too much (ie she should have known that the amount was to be halved), then she would not be obliged to repay any overpayment which is over 6 years old.

Kind Regards

Al