FOI-03819

##Request 

<p><i>‘Information regarding the remedial statements that are outstanding following the mcloud review.</i></p>

<p><i>1. How many members require a RSS</i></p>

<p><i>2. How many of these are already retired</i></p>

<p><i>3. What order are you processing these outstansing RSSs ( alphabetical, age , date retired, or some other criteria, please detail.</i></p>

<p><i>4.  What number am i on this list ( membership number [redacted] , dob 10/03/1965</i></p>

<p><i>5. How many wtes do you have worrking on preparing these statements</i></p> 

<p><i>6. On average how long does it take to proepare each statement ( an estimation /average is fine)</i></p>

<p><i>7. Are statements currently being processed or is the whole process on hold.’</i></p>

__[On 26 May 2026 you clarified your request as follows]__

<p><i>‘I will be happy with information regarding those who have not yet received their RSS.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 13 May 2026, with clarification received on 26 May 2026.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

Please note, question 4 relates to your own personal data, and question 7 is a general query and not a request for information held by the NHSBSA. We are therefore unable to answer these questions under the FOIA and have forwarded these requests to the NHS Pensions team to handle as general queries. 

__Question 1 - How many members require a RSS__

__May 2025 to April 2026__

Under Section 21 of the FOIA, we are not required to provide information in response to a request if it is already reasonably accessible to you.  

The information you requested is available from the link below: 

https://opendata.nhsbsa.net/dataset/public-service-pensions-remedy-mccloud-remedy-remediable-service-statements-rss-delivery  

Please see the following link to view the section 21 in full - https://www.legislation.gov.uk/ukpga/2000/36/section/21 

__May 2026 onwards__

We have considered this request under the Freedom of Information Act 2000 (FOIA 2000) and are issuing a refusal notice under section 17 of the FOIA.  

The NHSBSA does hold the requested information; however, we consider that this information is exempt from disclosure under section 22 of the FOIA. This provides an exemption from the duty to disclose information where the requested information is intended for future publication.  

The Information Commissioner’s Office guidance states that “the public authority  must, at the time of the request, hold the information and intend that it or “any other person” will publish it in future. This means that it must have a “settled expectation that the information will be published at some future date”. 

The information is intended for future publication on the third Tuesday of every month. 

Section 22 is a class-based, qualified exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure. 

__Considerations for disclosure:__

* Public accountability. 

* The need for public authorities to be transparent in their dealings. 

__Considerations against disclosure:__

* The information is intended for future publication once finalised. 

* There is an inherent public interest in not disclosing information which could be misleading to the public and may not accurately reflect the final figures. 

__Conclusion:__

We consider that the advantage to releasing this information now (rather than upon the planned publication) is outweighed by the potential prejudice to the completeness and consistency of the data provided. 

Please see the following link to view the section 22 in full - Freedom of Information Act 2000 (legislation.gov.uk) 

__Question 2 - How many of these are already retired__

As of 30 April 2026, there are 413,786 members who are due to receive their RSS who are already retired. 

__Question 3 - What order are you processing these outstansing RSSs ( alphabetical, age , date retired, or some other criteria, please detail__

The processing order is as described in the written ministerial statement published https://questions-statements.parliament.uk/written-statements/detail/2026-05-21/hcws55 

__Question 5 - How many wtes do you have worrking on preparing these statements__

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. 

The current allocation of in-house NHSBSA resource equates to approximately two FTE on RSS calculations, delivered through a pool of around 18 individuals who are not dedicated to this activity on a full-time basis. This flexes with demand and those staff members allocated undertake a range of responsibilities beyond RSS calculations.  

The NHSBSA has a contract with a third-party supplier to deliver a proportion of RSS calculations for the NHS Pension Scheme. The supplier is responsible for managing its own workforce to meet requirements of that contract. As such, the total number of WTE engaged in this specific purpose is not held by the NHSBSA. 

__Question 6 - On average how long does it take to proepare each statement ( an estimation /average is fine)__

Please note, the below figures do not include those cases with complexities (such as MHO, split benefits, PODs etc). 

Based on current estimates, it takes between 3 hours 16 minutes and 4 hours 47 minutes on average to prepare each RSS, depending on the individual requirements and circumstances of the case. 

__Data Queries__

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. 

__Reusing the data and copyright__

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. 

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: 

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2026”. Failure to do so is a breach of the terms of the licence. 

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.

Tags: McCloud Remedy service, NHS Pensions, RSS
Organization: Freedom of Information Disclosure Log