How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My partner died suddenly in nov 2014 she had an nhs pension

This answer was rated:

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

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 and other Law Specialists are ready to help you
Customer: replied 1 year 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 1 year ago.
I have heard nothing from you what a great service

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

Are they paying anything to the children?

Customer: replied 1 year ago.
my daughter is receiving a depentants allowance

Hoe much less than the survivors pensions is that?

Customer: replied 1 year ago.
about the same but I should still be entitled to a survivors pension

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

Customer: replied 1 year 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.
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.

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 1 year ago.
Spouse as in married ?

Yes because you can possibly work an argument around that

Customer: replied 1 year ago.
50percent of pension to be paid to spouse or nominated partner

No reference to cohabitees at all?

Customer: replied 1 year ago.
No reference to co-habit red at all

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

Customer: replied 1 year ago.
Not specifically but it was in the pensions booklet


But was it ever specifically brought to her attention

Customer: replied 1 year 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 1 year 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

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

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

Customer: replied 1 year ago.
Thankyou Clare for all of your help

You are very welcome

Customer: replied 1 year ago.
Clare,what would your next step be if you were in my situation?

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

Customer: replied 1 year ago.
As in nhs pensions?

No the firm named in the article

Customer: replied 1 year ago.
Ok thanks again

You are welcome - good luck