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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner died suddenly in nov 2014 she had an nhs pension

Customer Question

my partner died suddenly in nov 2014
she had an nhs pension for whom she worked for 28 years.
Although I was paid a lump sum,they refuse to pay me a survivors pension due to the fact that my partner did not complete a PN1 form even though we satisfie all ther criteria.
joint bank account
joint mortgage
child together
lived togrther for 13 years
intended to marry
financialy independent of each other etc
My partner did not expect to die suddenly from a brain aneurysm at 48 yrs old
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is***** shall do my best to help you but I need some further details

Have you appealed the matter

Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 11 months ago.
appealed to nhs pensions but they are adamant that if the pn1 for m is not completed then no survivor pension will be paid
Customer: replied 11 months ago.
I have heard nothing from you what a great service
Expert:  Clare replied 11 months ago.

My apologies - I have been out all day hence the lack of response.

Are they paying anything to the children?

Customer: replied 11 months ago.
my daughter is receiving a depentants allowance
Expert:  Clare replied 11 months ago.

Hoe much less than the survivors pensions is that?

Customer: replied 11 months ago.
about the same but I should still be entitled to a survivors pension
Expert:  Clare replied 11 months ago.

I agree totally - can you send me the actual wording from the Manual relating to Survivors pensions?

Customer: replied 11 months ago.
Can I nominate a qualifying partner
A member who contributes to the scheme on or after 1april2008 can nominate a qualifying partner other than a spouse or registered civil partner.To be eligible to receive a survivors pension provided all of the following conditions are satisfied
Neither person has a legal partner I.e spouse or registered civil partner
They are not related to each other in a way which would prevent marriage/registered civil partnership
They living together as if they were husband and wife or civil partners
The relationship is intended to continue indefinitely
One partner is financially dependent on the other or they are financially interprets the on each other.
Important
It is very important that members who are in a relationship which is not legally recognised register their relationship using form pn1.
Failure to do so will mean that their partner will not be entitled to receive a dependant s pension.Surely the sudden death of my partner makes us a special case she was only 48 & her death was totally unexpected.
Expert:  Clare replied 11 months ago.

Unfortunately no it doe snot make her a special case - I only wish it did.

However this is not the only basis on which you may be able to approach it.

What does it specifically say about spouse pensions?

Customer: replied 11 months ago.
Spouse as in married ?
Expert:  Clare replied 11 months ago.

Yes because you can possibly work an argument around that

Customer: replied 11 months ago.
50percent of pension to be paid to spouse or nominated partner
Expert:  Clare replied 11 months ago.

No reference to cohabitees at all?

Customer: replied 11 months ago.
No reference to co-habit red at all
Expert:  Clare replied 11 months ago.

Is there any evidence that your late partner was aware of the PN1 form?

Customer: replied 11 months ago.
Not specifically but it was in the pensions booklet
Expert:  Clare replied 11 months ago.

Ok

But was it ever specifically brought to her attention

Customer: replied 11 months ago.
I honestly don't know,I would have thought she was aware of it but just did not get round to getting it done as she probably thought thatshe had plenty of time to do this.
Customer: replied 11 months ago.
Also,she had to download the pn1 form herself & then send it off
The form was not sent to her pesonally & they do not keep on reminding you to do it,so knowing my partner she probably just forgot as paperwork wasn't really her thing
Expert:  Clare replied 11 months ago.

And THAT is the basis of the argument that you will make.

This was discriminatory as no effort was made to protect unmarried partners.

Had there been a marriage then the entitlement would have been automatic - since there wasn't you have lost out despite the fact that you meet ALL the requirements that are necessary for them to accept the pn1 form.

I am sorry not to give you a more positive answer - but there is an element of discrimination here against you as a single father and that is the area you need to emphasise

There is precedent for this here

http://www.publiclawtoday.co.uk/local-government/litigation/400-litigation-articles-news/23671-supreme-court-to-hear-case-over-cohabitees-and-local-government-pension-scheme

although I have not been able to trace the outcome of the Supreme Court case

Customer: replied 11 months ago.
Thankyou Clare for all of your help
Expert:  Clare replied 11 months ago.

You are very welcome

Customer: replied 11 months ago.
Clare,what would your next step be if you were in my situation?
Expert:  Clare replied 11 months ago.

personally I would contact the firm named in the case and ask them whether they can help

Customer: replied 11 months ago.
As in nhs pensions?
Expert:  Clare replied 11 months ago.

No the firm named in the article

Customer: replied 11 months ago.
Ok thanks again
Expert:  Clare replied 11 months ago.

You are welcome - good luck

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