Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

The claimant was divorced from her husband, a member of the armed forces, and was to receive a share of his pension. She complained that although he had been able to take his share of the pension early, she had been obliged to wait.
Held: There was no discrimination. The provisions fell within the ambit of article 8, but there was no infringement. The alternative might lead to absurd results. The scheme was clear, and could be allowed for as necessary in the negotiations in the divorce, though in this case no external transfer of the rights was available to the claimant.
Mr Justice Wilson
[2004] EWHC 1797 (Admin)
Bailii
Pension Schemes Act 1993 101C(1) 101B, European Convention on Human Rights 8
England and Wales
Cited by:
CitedThomas, Regina (on the Application of) v Ministry of Defence Admn 22-May-2008
The claimant had the benefit of a pension sharing order but had not yet reached the age when, under the impugned provision, payment of the pension can be made to her yet her ex-husband is being paid his share notwithstanding, as I understand it, . .

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Updated: 02 March 2021; Ref: scu.199575