Paragraph 23 Pensions for surviving spouses, civil partners and cohabiting partnersF7I1

Subject to the following provisions of this article, a pension is payable on the death of—

to the deceased’s spouse, civil partner or F4cohabiting partner for the remainder of their life (a “survivor’s pension”).

Subject to paragraph (4), a survivor’s pension is not payable if the deceased’s spouse, civil partner or F5cohabiting partner (as the case may be) is convicted of the murder of the deceased.

Subject to paragraph (5), where the deceased’s spouse, civil partner or F6cohabiting partner (as the case may be) is convicted of the manslaughter of the deceased, the Board may, as it thinks fit, withhold the survivor’s pension—

Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—

Where—

the Board’s decision under paragraph (3) shall be treated as revoked and it shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.

Nothing in paragraph (4) or (5) shall affect the application of paragraph (2) or (3) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.