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Education – Teacher. The appellant appealed against a determination by the Deputy Pensions Ombudsman (the DPO), dismissing his complaint against the respondent Department for Education in relation to the recovery of an overpayment of his pension under the Teachers' Pension Scheme. The Chancery Division held, inter alia, that, on the DPO's factual findings, her conclusion that the defence of change of position had been unavailable to the appellant could not be faulted. However, he had had a limitation defence for the recovery of any overpayments which had been made more than six years before the relevant date when the limitation period was to be regarded as having stopped and, to that extent, the appeal would be allowed.
Education – Teacher. The appellant appealed against a determination by the Deputy Pensions Ombudsman (the DPO), dismissing his complaint against the respondent Department for Education in relation to the recovery of an overpayment of his pension under the Teachers' Pension Scheme. The Chancery Division held, inter alia, that, on the DPO's factual findings, her conclusion that the defence of change of position had been unavailable to the appellant could not be faulted. However, he had had a limitation defence for the recovery of any overpayments which had been made more than six years before the relevant date when the limitation period was to be regarded as having stopped and, to that extent, the appeal would be allowed.
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