The War Pensions (Mercantile Marine) (Amendment) Scheme 2005

JurisdictionUK Non-devolved
CitationSI 2005/3033
Year2005

2005 No. 3033

PENSIONS

The War Pensions (Mercantile Marine) (Amendment) Scheme 2005

Made 26th October 2005

Coming into force 5th December 2005

The Secretary of State, with the consent of the Treasury, in exercise of the powers conferred by sections 3, 4 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 19391, and now vested in him2and of all other powers enabling him in that behalf, hereby makes the following Scheme:

Citation commencement and interpretation

Citation commencement and interpretation

S-1 This Scheme may be cited as the War Pensions (Mercantile...

1. This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 2005 and shall come into force on 5th December 2005.

S-2 “The principal Scheme” means the War Pensions (Mercantile...

2. “The principal Scheme” means the War Pensions (Mercantile Marine) Scheme 19643.

Amendments to the principal Scheme
S-3 Amendments to the principal Scheme

Amendments to the principal Scheme

3. Schedule 7 to the principal Scheme (commencing dates of awards of benefit) shall be amended as provided in this article.

For paragraph 2(1)(c)(i) substitute—

“(i)

“(i) for the sub-head (i) there were substituted—

“(i) the termination of the claimant’s marriage, judicial separation of the parties, termination of the claimant’s civil partnership, the date of a separation order relating to the claimant’s civil partnership or, as the case may be, the date the claimant ceased to live as a spouse or civil partner with another;”.”; and

For paragraph 2(2) substitute—

S-2

“2 In this paragraph—

(a) in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pensions Act 1995;

(b) in relation to civil partners—

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

(ii) the reference to separation order 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 dissolution, annulment or separation order 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 in any court in the United Kingdom.”.

Don Touhig

Parliamentary Under Secretary of State...

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