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Pension Rights: Cohabitation

Question for HM Treasury

UIN 105675, tabled on 6 October 2017

To ask Mr Chancellor of the Exchequer, pursuant to the Answer of 3 March 2017 to Question 652450, what assessment he has made of the implications for his policies of the judgment of the Supreme Court of 8 February 2017 in the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC8; and whether schemes will be required to revisit past cases where a survivor's pension was refused because no nomination had been made.

Answered on

16 October 2017

HM Treasury officials wrote out to public sector pension schemes in England, Wales, Scotland and Northern Ireland on 6 April 2017. The letter made clear that cases like that of Ms Brewster should be dealt with in line with the UK Supreme Court’s decision. Cases previously refused solely because of a lack of nomination form should be reconsidered and schemes should pay survivor benefits from the date of the member’s death in eligible cases, regardless of when a claim is made.

Answered by

Treasury