FOI-03142

Thank you for your request for information about the following: 

##Request 

<p><i>‘I am writing to request detailed information relating to four specific pension overpayments made by NHSBSA in 2025 to individuals who previously worked for Cwm Taf Morgannwg University Health Board. The overpayment details have been identified through previously published FOI responses and are as follows:</i></p>

<p><i>£12,161.03 on 23/04/2025</i></p>

<p><i>£15,251.08 on 18/03/2025</i></p>

<p><i>£39,144.69 on 19/04/2025</i></p>

<p><i>£71,491.97 on 05/07/2025</i></p>

<p><i>For each of these specific overpayments, please provide the following information:</i></p>

<p><i>A) The precise reason for the overpayment. If the overpayment was due to an administrative error or the provision of incorrect information, please specify the organization (e.g., NHSBSA, employer, or another body) that was responsible for the error or for providing the incorrect data.</i></p>

<p><i>B) The current status of the overpayment, including whether it has been repaid in part or in full, and the amount of any repayment made to date.</i></p>

<p><i>C) The method of recovery currently being pursued for each overpayment (e.g., reduction of future pension payments, invoice, legal action, etc.).</i></p>

<p><i>D) Whether there are any active appeals or ongoing disputes in relation to these recorded overpayments.</i></p>

<p><i>To  clarify, please note the dates provided in this request relate to the dates the issues were identified rather than the dates the payments were made.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 1 September 2025.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

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.  

We can confirm that we do hold the requested information, but this information is exempt under section 40(2) of the FOIA (personal information).  

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. 

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).  

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, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that the member data processed by the NHSBSA remains confidential.  

Please see the following link to view the section 40 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/40 

##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 2025”. 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: NHS Pensions, Overpayments
Organization: Freedom of Information Disclosure Log