Nhs Pension Scheme · CAS-41310-M3X4

CAS-41310-M3X4

Ombudsman’s Determination Applicant Mrs N

Scheme NHS Pension Scheme (the Scheme)

Respondent NHS Business Services Authority (NHS BSA)

Outcome

Complaint summary

Background information, including submissions from the parties

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“You must enclose your original birth certificate or an original certified copy of it. If you do not have an original birth certificate you may send your original passport. All documents will be returned to you promptly."

2 CAS-41310-M3X4 “You will see that only birth certificate or original passport is mentioned and not driving licence. As advised in our letter dated 20/12/2019 you can send your photo driving licence.”

Adjudicator’s Opinion

• The Adjudicator noted that the Regulations that govern how the Scheme is run state that a person claiming benefits shall provide “evidence of entitlement” and “information required in order to deal with the claim”.

• The Adjudicator commented that, within the pensions industry, it is a requirement that organisations responsible for the administration of pension schemes obtain evidence of key dates. He noted that the date of birth is a key date as it determines when retirement benefits become payable. He went on to say that evidence of marriage and spouse’s date of birth are also key pieces of information in circumstances where a pension may become payable to the spouse on the death of the member. The Adjudicator was of the opinion that NHS BSA was correct in ensuring that it obtained this evidence before offering Mrs N her retirement benefits.

• The Adjudicator stated that there is no standard approach across the pensions industry in relation to which documents are accepted as evidence of date of birth. He noted that sections 2.1 and 2.2 of the deferred benefits claim form (AW8P) stated what evidence NHS BSA was willing to accept. In the opinion of the Adjudicator, what NHS BSA had requested was reasonable and was not inconsistent with the rest of the pensions industry. However, the Adjudicator acknowledged the fact that Mrs N did not have a birth certificate would have restricted the options available to her. He also noted that NHS BSA did offer some 3 CAS-41310-M3X4 additional flexibility and that, by special concession, Mrs N’s retirement benefits were settled in April 2020. While this was seven months after her normal retirement date, her pension was backdated to reflect this.

• The Adjudicator agreed that the phrase “such as a passport or photo driving licence”, in NHS BSA’s letter of 20 December 2019, suggested that alternative forms of evidence may have been acceptable. However, the Adjudicator considered it reasonable that the agreement of NHS BSA would have to be obtained in advance when looking to provide an alternative type of document as evidence.

• In relation to Mrs N’s offer to get her certificates witnessed locally by the NHS, the Adjudicator took the view that, while this was a reasonable offer for her to make, the NHS is not structured in a way to accept this approach. NHS BSA is the specific department that is required to undertake the witnessing of certificates. Each other department would have to be focusing on its own responsibilities.

• The Adjudicator noted that Mrs N said that she intended to take all of her benefits in the form of a lump sum. She gave this as the reason why evidence of her marriage and her husband’s date of birth was not required. However, while this option was available to her, she did eventually opt to take a retirement pension. The evidence of marriage and Mrs N’s husband’s date of birth requested by NHS BSA was, in the opinion of the Adjudicator, relevant.

• The Adjudicator stated that he understood that Mrs N was unhappy about the delay in paying her benefits. However, in his opinion, this delay was mainly due to Mrs N’s unwillingness to provide evidence of her date of birth in the form requested by NHS BSA.

• She and her husband are in receipt of a number of private pensions and had never been asked to post original copies of documents. She asked for evidence that this is normal practice.

• Her rights to privacy and security have been violated and she has been left open to the possibility of fraud.

• The fact that the Pensions Ombudsman’s Office uses encrypted emails but considers it reasonable for her to send her passport in the post is hypocritical.

• Her husband did not join the Scheme. He has a right to privacy under the Data Protection Act.

4 CAS-41310-M3X4 Ombudsman’s decision

I do not uphold Mrs N’s complaint.

Anthony Arter

Pensions Ombudsman 12 April 2021

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