FOI-03320

<strong>Request</strong>
<em>
<p>I am interested in researching reasons why pensions overpayments of lump sums might occur.</p>
<p>I recognise that data is personal so I will keep this request generic to avoid any exemptions being applied.</p>
<p>My query is as follows:</p>
<p>In respect of the top five (in terms of value) pension lump sum overpayments made in thr Cwm Taf Morganwg University Health Board employees, that were discovered since 1st April 2025 please indicate the cause for the original overpayment and which body or organisation was responsible. In this request I am not requesting information that wpuld allow me to identify an individual recipient of the overpayment but seeking information about the processing of data and information held by NHSBSA</p>
</em>

<p>The NHS Business Services Authority (NHSBSA) received your request on 27 October 2025.</p>
<p>We have handled your request under the Freedom of Information Act 2000 (FOIA).</p>

<strong>Our response</strong>
<p>We have considered this request under the Freedom of Information Act 2000, and we are issuing a refusal notice under section 17 of the FOIA.</p>
<p>As previously advised in our response to FOI-03142, we can confirm that we do hold the requested information, but this information is exempt under section 40(2) of the FOIA (personal information).</p>
<p>Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. In order for disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.</p>
<p>As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).</p>
<p>The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA. However, the requested information is confidential data in relation to identifiable members. As such, the exemption is engaged.</p>
<p>Please see the following link to view the section 40 exemption in full - <a href="https://www.legislation.gov.uk/ukpga/2000/36/section/40">https://www.legislation.gov.uk/ukpga/2000/36/section/40</a></p>

<strong>Publishing this response</strong>
<p>Please note that this information will be published on our Freedom of Information disclosure log at:</p>
<p><a href="https://opendata.nhsbsa.net/dataset/foi-03320">https://opendata.nhsbsa.net/dataset/foi-03320</a></p>
<p>Your personal details will be removed from the published response.</p>

<strong>Data Queries</strong>
<p>Please contact <a href="mailto:foirequests@nhsbsa.nhs.uk">foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.</p>

<strong>Reusing the data and copyright</strong>
<p>If you plan on producing a press or broadcast story based upon the data please contact <a href="mailto:communicationsteam@nhsbsa.nhs.uk">communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented.</p>
<p>The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:</p>
<p><a href="http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/">http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/</a></p>
<p>Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025”. Failure to do so is a breach of the terms of the licence.</p>
<p>Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.</p>

Tags: NHS Pension Scheme
Organization: Freedom of Information Disclosure Log