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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11122
Experience:  30 years as a practising solicitor.
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My friend is a widow aged 79 approaching 80 who receives a

Resolved Question:

My friend is a widow aged 79 approaching 80 who receives a NHS Widow's pension which is still subject to the 1995 Act. It states that she cannot remarry or cohabit without losing her pension.
The problem is this - can she have a male friend, who lives in another town, stop at weekends to avoid driving back and forth over 30 miles each way all the time? She is worried this will jeopardize her pension.
The NHS pension help line say that stopping at weekends will not be a problem the pension is only stopped if you live as man and wife however there does not appear to be a definition anywhere indicating what is allowed or not.
Can you help?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Cohabiting or living as man and wife means living together permanently at bed and board. It will not apply to a friend, male or otherwise, who comes to stay at weekends. That is not a permanent living arrangement and he presumably has his own house.
This will not affect her pension.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
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Expert:  JGM replied 2 years ago.
Can I help you further with this?
Customer: replied 2 years ago.

Thank you for your reply, I will let her know- I presume that the interpretation you have given is also held by the trustees of the NHS Scheme. Is this the case do you think?

Customer: replied 2 years ago.

I have already rated your reply earlier this morning and posed a further query - I would appreciate your opinion

Thanks

Expert:  JGM replied 2 years ago.
Thanks for your reply and rating. The pension trustees are bound by the law. Having a friend to stay at weekends is not "legally cohabiting".
Customer: replied 2 years ago.

Thank you