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Ombudsman upheld LGPS death grant discretion; cohabiting partner’s pension remitted by High Court (England and Wales) in Thomas v Southwark Council; nomination not binding; £500 for maladministration

Published on: 01 August 2024

Published by a LexisNexis Pensions expert
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Article summary

NOTE

In Thomas v Southwark Council [2024] EWHC 2739 (Ch), delivered on 31 October 2024, the High Court overturned, on appeal, the Pensions Ombudsman’s determination in this case to the extent it concerned the cohabiting partner’s pension, and remitted the appellant’s application to the respondent (Southwark Council) for reconsideration and a fresh decision. For further details, see News Analysis: Council must reconsider appellant’s application for cohabiting partner’s pension (Thomas v Southwark Council).

Original news Mr S (CAS-92836-R6B0)—23 February 2024

Summary

The Pensions Ombudsman dismissed a complaint about a scheme’s refusal to pay a death grant and a cohabiting partner’s pension. The scheme properly exercised its discretion in declining the death grant, because the complainant had been incorrectly described as a husband on the death benefit nomination and was not identified in the will. There was also no evidence of financial dependency (a pre-condition for payment), so the scheme reasonably concluded the complainant did not satisfy all the requirements for a cohabiting partner’s pension...

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