Why don't I receive a widow's pension?

[Daily Express]

After being single for most of my life, I married a widowed doctor when I was 71. We were very happy togeher, but sadly my husband died in 2004, at the age of 93.

His two nieces, both consultants at London hospitals, assured me that I would be entitled to a pension. My National Health pension went up by about £10.

So I telephoned and was really fobbed off - we'll phone you back, they said, but they never did.

People are amazed that I don't get a widow's pension. My dentist said "poor man, he paid all that in and you're getting nothing". My husband had higher qualifications, such as being a member of the Royal College of Physicians.

What do you think? Is there anything to be done?


Audrey Brown

[Annie Shaw]

I have done some digging and asked around and it seems the NHS rules are not entirely clear, but it seems to me that you have a case.

The excellent pensions lawyer Jennie Kreser, a partner in the solicitors firm Silverman Sherliker LLP, quotes this from the NHS rules:

G6 Member marries after leaving pensionable employment

Warning: this text has been prepared by Department of Health officials. Whilst every effort has been taken to ensure that it is accurate, it should not be relied on as a definitive text of the Regulations. It has been produced solely to help people understand the Regulations as amended. It is not intended for use in any other context "]

(1) This regulation applies where the member and his wife were not married to each other during any period of pensionable employment.

(2) Subject to paragraph (3), the widow's pension will be equal to one-half of a pension calculated as described in regulation E1 (normal retirement pension) on the basis of the member's pensionable service after 5th April 1978.

(3) If the member dies after his pension under this Section of the scheme becomes payable, the widow's pension for the first 3 months after the member's death (6 months if the member dies leaving at least one dependent child dependent on the widow) will be equal to the amount of the pension that would have been payable under regulation G3 (member dies after pension becomes payable).

Jennie says:

"Now I don’t know if this helps but it appears pretty persuasive. It comes from the NHS Pension Scheme 1995 Section Informal Consolidation of Amendments up to 1 April 2011 (SI 1995/300).

I have not checked the 2008 Scheme as I’m sort of guessing that the Dr may have retired under the old regs. "

I also got some info from a Chartered Financial Planner, who confirms if widow married doctor after he retired, and she has not remarried since he died, she IS due NHS widow's pension, probably 1/2 or 2/3rds of his pension


As always in a pension dispute with company/trustee/administrator, quote from NHS scheme rules.

If you apply again and are refused you should ask NHS Trustees' Administrator for copy of Scheme Rules and to include with the rules a note citing which rule precludes you from receiving widow's pension.

It is vital to focus on and refer to rules of EXACT NHS Scheme your husband was in – you may need to find this out.

If you still get nowhere you need to contact the Pensions Advisory Service (TPAS) on 0845 601 2923. If that fails you can go to the Pensions Ombudsman. TPAS will tell you how after TPAS’s efforts have been exhausted.

When we spoke on the phone I suggested that, if you were not able to do all this chasing yourself, you might be able to get help from your local branch of Age UK or Citizens Advice, if you don't have a relative who can help you.

[Daily Express]

Thank you so much, but all the help was to no avail.

They wrote back that my husband left the scheme in 1976, and in 1978 the rules changed to give widows a pension.

Very many thanks, Annie. Keep up the good work.


Audrey Brown

[Daily Express]

On 10 November 2011 a Mr P L Sproston kindly wrote, telling me I would be contacted shortly. I am still waiting - as I am 82, perhaps they are waiting for me to die.

Perhaps it is now time to contact the Pensions Ombudsman? Your thughts would be much appreciated.


Audrey Brown