Whether a person in a marriage-like relationship with a former member of the armed forces whose death is due to service is entitled to a pension under the Naval, Military and Air Force Etc (Disablement and Death) Service Pensions Order 1983 although she does not meet the conditions of Article 29 (pensions to widows and widowers) or Article 30 (pensions to certain unmarried dependants who lived as spouses). The argument for entitlement is based on interpreting those provisions so as not to contravene the European Convention on Human Rights (ECHR) and in particular Article 14 on discrimination.
Citations:
[2006] UKSSCSC CAF – 52 – 2006
Links:
Jurisdiction:
England and Wales
Armed Forces, Benefits
Updated: 10 July 2022; Ref: scu.249711
