EM v Secretary of State for Defence: [2023] UKUT 222 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 5 September 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 13 October 2023

• Categories: Claims and payments, War pensions and armed forces compensation
• Sub-categories: Claims and payments - other, War pensions and armed forces compensation - war pensions – entitlement
• Judges: Wright, S
• Decision date: 5 September 2023

Read the full decision in UA-2023-SCO-002105-GIA.

Judicial Summary

War widow’s pension payable after death of first husband – pension no longer payable after widow marries a second time - section 168 of Pensions Act 1995, in effect from 19 July 1995 - whether war widow’s pension may be restored for any period before 19 July 1995 where second marriage had ended before 19 July 1995 – whether claim is required to restore the war widow’s pension for any period after 19 July 1995 if the first husband did not die during service.

Published 13 October 2023