Roy Anthony Thomas v Southwark Council
[2024] EWHC 2739 (Ch)
Duncan Campbell v NHS Business Services Authority
16 November 2023
[2023] EWCA Civ 1351
Court of Appeal
A widow tried to get her late husband's ill-health pension. The court said a rule about adding unpaid holiday time to employment time meant her husband was still technically employed when he died, so she got the lower death-in-service pension, not the higher ill-health pension.
Key Facts
- •Mr. Campbell appealed a Pensions Ombudsman's decision regarding his wife's ill-health retirement benefits under the NHS Pension Scheme 1995.
- •The dispute centered on the interpretation of Regulation E2A of the 1995 Regulations and whether Mrs. Campbell's death was considered 'in service' or after 'retirement'.
- •Mrs. Campbell died before completing Form AW8, a requirement for commuted ill-health benefits under Regulation T1 (although this point became moot).
- •The difference between death-in-service benefits and commuted ill-health benefits was substantial (£139,019.92 + £35,621.46 vs £274,887.72 + £14,660.92).
Legal Principles
Interpretation of statutory regulations requires consideration of the entire legislative framework.
Court of Appeal judgment
The meaning of undefined terms in regulations should be derived from their ordinary and natural meaning within the context of the regulations.
Court of Appeal judgment, referencing R (PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28
'Treated as' in a statutory provision is equivalent to 'deemed' and should be interpreted broadly, but not leading to unjust or absurd results.
Court of Appeal judgment, referencing Fowler v Revenue and Customs Commissioners [2020] 1 WLR 2227
Regulation C2(5) extends the period of pensionable employment, not merely the amount of pensionable service.
Court of Appeal judgment
Regulation E2A's reference to 'retiring from pensionable employment' must be interpreted holistically, considering the scheme's structure.
Court of Appeal judgment
Outcomes
The appeal was dismissed.
The Court of Appeal upheld the High Court's judgment, finding that Mrs. Campbell's pensionable employment continued until the end of her untaken leave due to Regulation C2(5). Therefore, she died while still in pensionable employment, precluding entitlement to commuted ill-health benefits under Regulation E2A.
Costs order largely affirmed.
The Court of Appeal refused to significantly alter the costs order made by Newey LJ, despite Mr. Campbell's deteriorating health and financial position, given the importance of the legal principle and prior judgments.
Similar Cases
Daniel Richard Jwanczuk v Secretary of State for Work and Pensions
[2023] EWCA Civ 1156
Lee Andrew v Royal Devon and Exeter NHS Foundation Trust
[2022] EWHC 2992 (Ch)
Anne Dumbreck Robins v Secretary of State for Work and Pensions
[2023] EWCA Civ 890
Martin Laker v The Commissioners for HMRC
[2024] UKFTT 568 (TC)