The European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994

Widowers' pensions (no reckonable service on or after 31st July 1984)

13.—(1) Subject to the provisions of this article, the Treasury shall pay to a widower a pension under this article—

(a) as from the day following the date of his wife’s death if at the time of her death he had attained the age of sixty-five years or was incapable by reason of bodily or mental infirmity of earning his own living; or

(b) where the preceding sub-paragraph does not apply, as from the time when he attains the age of sixty-five or, before attaining that age, becomes incapable as mentioned in that sub-paragraph.

(2) A widower shall only be entitled to a pension under paragraph (1) if his wife was not a participant at any time on or after 31st July 1984 and, at the time of her death, either—

(a) was entitled to receive a pension under article 7; or

(b) was not so entitled, but had been a participant and had an aggregate period of reckonable service of not less than four years.

(3) The annual amount of a widower’s pension under this article shall be one half of the basic or prospective pension of his late wife.

(4) A pension under this article shall, subject to the following provisions of this article, continue for the life of the widower, but may be terminated by the Treasury if the Managers inform them that he has remarried, or, if the widower has not yet attained the age of sixty-five years, the Managers direct that they are satisfied that he has ceased to be incapable as mentioned in paragraph (1).

(5) The termination of a pension under paragraph (4) on a widower ceasing to be incapable as there mentioned before attaining the age of sixty-five years shall not affect his entitlement to the pension as from the time when he attains that age.

(6) A pension terminated under paragraph (4) may be restored by the Treasury at any time if at such time the Managers direct that they are satisfied that—

(a) the marriage upon which it was terminated has come to an end,

(b) the pensioner has again become incapable as mentioned in paragraph (1), or

(c) for exceptional reasons it is proper to restore the pension.

(7) Article 12(5) shall apply for the purposes of this article with the necessary modifications.

(8) Where a woman dies in circumstances in which, apart from this paragraph, a widower’s pension calculated in accordance with paragraph (3) of this article would be payable to a man married by her within a year ending with her death, then if—

(a) there are no children of that marriage; and

(b) the Managers inform the Treasury that it appears to them that her death within the year was to be foreseen by her at the date of her marriage,

the Treasury shall not pay a widower’s pension under this article unless the Managers direct that they are of the opinion that in the circumstances of the case a widower’s pension should be paid.