Section 168 War pensions for widows: effect of remarriage.
United Kingdom
In determining whether a pension is payable to a person as a widow, widower or surviving civil partner under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement date, no account may be taken of the fact that the person has married or formed a civil partnership with another person if, before the beginning of that period—
the marriage or civil partnership has been terminated,
the parties to it have been judicially separated, or
in the case of a civil partnership, a separation order has been made in respect of the parties.
The commencement date is—
for the purpose of determining whether a pension is payable to a person as a widow or widower, 19 July 1995;
for the purpose of determining whether a pension is payable to a person as a surviving civil partner, 5 December 2005.
For the purposes of this section—
the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom;
and for those purposes a divorceF4, dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made by any court in the United Kingdom.
The enactments referred to in subsection (1) are—
F5The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and any order re-enacting the provisions of that order,
the order made under section 1(5) of the M5Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.
Annotations
Textual amendments
- F1
S. 168(1)(1A) substituted for s. 168(1) (26.1.2009) by Pensions Act 2008 (c. 30), ss. 138(2), 149(1); S.I. 2009/82, art. 2(1)(d)
- F2
Words in s. 168(2)(a) inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 138(3)(a), 149(1); S.I. 2009/82, art. 2(1)(d)
- F3
Words in s. 168(2)(a) substituted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 138(3)(b), 149(1); S.I. 2009/82, art. 2(1)(d)
- F4
Words in s. 168(2)(a) inserted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 138(4), 149(1); S.I. 2009/82, art. 2(1)(d)
- F5
Words in s. 168(3)(a) substituted (26.1.2009) by Pensions Act 2008 (c. 30), ss. 138(5), 149(1); S.I. 2009/82, art. 2(1)(d)
Marginal citations
- M1
- M2
- M3
- M4
- M5