Webber v Department for Education

Webber v Department for Education

The change of position defence was unavailable to Mr Webber because he was aware of the possibility of overpayment and chose not to make enquiries, thus acting inequitably. However, the Teachers’ Pensions administrator could, with reasonable diligence, have discovered the overpayment during the 2002/3 tax year, so recovery is limited to overpayments made within six years before the complaint to the Ombudsman.

Parties
Appellant: Norman Charles Webber; Respondent: Department for Education
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Civil Appeal / Judgment on Appeal From Pensions Ombudsman
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Overpayment Recovery, Change of Position Defence, Limitation Periods, Statutory Interpretation
Pensions Law Administrative Law Overpayment Recovery Change of Position Defence Limitation Periods Statutory Interpretation

Case Brief

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Parties

Norman Charles Webber

Appellant

Department for Education

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Pensions Ombudsman

Legal Issues

  1. 1 Whether the appellant was entitled to rely on a change of position defence to resist recovery of pension overpayments
  2. 2 Whether the respondent could recover overpayments made more than six years prior due to limitation
  3. 3 Whether the Teachers’ Pensions administrator exercised reasonable diligence in discovering the overpayment

Ratio Decidendi

The change of position defence was unavailable to Mr Webber because he was aware of the possibility of overpayment and chose not to make enquiries, thus acting inequitably. However, the Teachers’ Pensions administrator could, with reasonable diligence, have discovered the overpayment during the 2002/3 tax year, so recovery is limited to overpayments made within six years before the complaint to the Ombudsman.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • The appeal against the dismissal of the change of position defence is dismissed.
  • The appeal on the limitation issue is allowed: recovery of overpayments is limited to those made within six years before the complaint to the Ombudsman.