The Pensions Ombudsman has published an important new determination, concerning the Bic UK Pension Scheme, which deals with the defences available to members of trust-based schemes where trustees seek to recoup overpaid benefits from future payments of pension. The determination contains a new analysis of how the usual defences to restitutionary claims for repayments, such as change of position and estoppel, apply to the equitable remedy of recoupment, and is likely to represent the Ombudsman’s approach to such defences in future cases.
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The determination can be found here. A note of the determination will be published on Pensions Barrister shortly.