The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Relationships subsequent to the award of a pension U.K.

33.—(1) Subject to the following provisions of this article, any pension or allowance awarded under this Part of this Order or under Part II of a 1919 to 1921 instrument to a person other than a parent shall cease if that person marries or lives with another person as the spouse of that person or forms a civil partnership or lives with another person as the civil partner of that person.

(2) Where—

(a) in accordance with paragraph (1), an award ceased because the person had another person living with her or, as the case may be, him as a spouse or formed a civil partnership or had another person living with her, or as the case may be, him as a civil partner; and

(b) that person claims an award under this Part in respect of a period which begins after the end of that relationship

the claim shall be determined as though the relationship had never existed.

(3) A pension or allowance awarded under articles 23 to 26 (inclusive) to a person in respect of a member of the armed forces who died or whose service terminated F1 . . . before 31st March 1973 shall not cease if that person marries or begins to live with another person as the spouse of that person or forms a civil partnership or begins to live with another person as the civil partner of that person on or after 6th April 2005.

(4) In determining whether a pension is payable to a person as a surviving spouse in respect of any period beginning on or after 19th July 1995, no account may be taken of the fact that [F2 the person has married another] if, before the beginning of that period, the marriage has been terminated or the parties have been judicially separated.

(5) A pension or allowance awarded to or in respect of a person under article 28, 29 or 30 shall not cease on the marriage of that person if, having regard to the special circumstances of the case, the Secretary of State so directs.

(6) An allowance awarded in respect of a child shall not be affected by the cessation under this article of a pension awarded to any other person.

(7) For the purposes of paragraph (4)—

(a) the reference to the termination of a marriage is to the termination of the marriage by death, dissolution or annulment; and

(b) 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 divorce, 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.

Textual Amendments

F1 Words in art. 33(3) omitted (7.4.2008 with application in accordance with art. 2(3) of the amending S.I.) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(a), Sch. 1 Pt. 1 para. 4

F2 Words in art. 33(4) substituted (8.4.2013) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2013 (S.I. 2013/241), arts. 1, 3