Article 10 Substitution of article 65

For article 65 (commencing date of awards) there shall be substituted the following articles—

“Commencing date of awards of pension or retired pay and associated allowances and supplements

65

Subject to article 65ZA, Schedule 3 shall have effect with respect to the commencing date of an award of a pension or retired pay under article 10, or a pension payable under article 29, 30 or 34 or any other pension, allowance or supplement payable under this Order except one to which article 65ZA applies.

Commencing date of award of widow’s pension where section 168 of the Pensions Act 1995 applies

65ZA

(1)

Except where the Secretary of State otherwise provides in a particular case or class of case, the commencing date for an award of a pension payable to a woman as a widow under this Order following the dissolution of a marriage which falls to be disregarded by virtue of section 168 of the Pensions Act 1995^f1 (war pensions for widows: effect of remarriage) shall be—

(a)

where the claim for the payment or, as the case may be, restoration of the widow’s pension is made within three months of the dissolution of the marriage, or where there is more than one, of the last marriage, falling to be disregarded, the day immediately following that dissolution;

(b)

in any other case, the date on which the claim for payment or, as the case may be, restoration of the widow’s pension is made.

(2)

In this article “dissolution” means the same as in section 168 of the Pensions Act 1995.”.