Widow's pension denied

immy1

Hi - I am trying to help my sister whose husband died very recently. He was in receipt of a pension from Stanhope Trust ( previosly GEC 1972 scheme) at the time of his death.

She informed the Trust that her husband had died and has since received a letter stating that she is not entitled to a widow's pension because 'Under the rules of the Plan a Surviving Spouse's pension is only payable if the member's widow is the same person to whom they were married when they became a pensioner and remained continually married to them until the members death'.
Her husband became a pensioner under the scheme in the early 1990's but although they were together for 30 years they did not marry till 3 years ago.



Is there anything she can do to get them to re-think this as she is now left with only the state pension to rely on?.

Thanks to anyone who can give any clairification.

PasturesNew

If she only gets state pension, there will be additional benefits she can also investigate/claim, e.g. council tax and maybe a top up to some "Minimum Income Guarantee" amount.

I don't know what they call the top ups as they change names/move goalposts so often... but, as a rule of thumb, I'd expect her to be getting: state pension and any top ups to about £160/week or so. Most likely full council tax. If she pays rent then all/some of that too.

It is common for Widow Pensions to be paid to people who were married at the start of the pension or some other similar criteria, so that isn't an unusual situation to encounter.

Kynthia

So were they living together with intermingled finances at the time of his retirement? If so perhaps they would consider a specified dependant pension. If not then she was never eligible and it's a shame she didn't know that.

Lorian

This Scheme, Page 7 being relevant?

https://telentpensions.co.uk/media/11232/plan_booklet_august_2015.pdf

As said above - check if a dependents pension is payable - you need to hope he has nominated her.

immy1

Hi. Thanks to all who replied. I still find it shocking that this is a common feature with private widow's pensions. My sister was his constant companion and wife who also cared for him right through his last illness. He would have been very sad to learn that she has been left with no provision from his pension provider. I don't think he kept his nomination form up-to-date but even if he had the Telent rule states that they will only pay a widow's pension to the person who he was married to at his retirement date.

Brynsam

immy1 wrote: »

Hi. Thanks to all who replied. I still find it shocking that this is a common feature with private widow's pensions. My sister was his constant companion and wife who also cared for him right through his last illness. He would have been very sad to learn that she has been left with no provision from his pension provider. I don't think he kept his nomination form up-to-date but even if he had the Telent rule states that they will only pay a widow's pension to the person who he was married to at his retirement date.

The Telent booklet is contradictory. On page 7 it says:

If you do not have a spouse, you may ask the Trustee to provide a corresponding benefit (50% of the value of your pension as determined by the Plan actuary) to some other specified dependant. Only unmarried members may nominate a specified dependant. A married member will not be able to make a nomination even if he or she is no longer living with his or her spouse on a permanent basis.

It is possible to make a nomination up to six months after the date of your retirement.

On page 14 it says:

Specified dependant
In relation to a member or pensioner who dies without leaving a surviving spouse, a person nominated by him/her before attaining 65 and before his/her pension commences, who was financially dependent on him/her at the time of nomination and remained so at his/her death, and who was accepted as such by the Trustee.

Only an unmarried member may nominate a specified dependant before commencement of pension or at age 65 (whichever is earlier).

Keeping the nomination form up to date isn't an issue - the question is whether he ever made one in the first place, and I think that's the point which needs to be pursued. If they have been together for 30 years, there must surely be a good chance he did nominate your sister as a 'specified dependant'. She needs to ask that question specifically, rather than asking for a widow's pension.

One further suggestion. Check if the scheme was contracted out of SERPS (the administrators will be able to confirm). If it was, a widow is automatically entitled to that part of her husband's pension known as the 'Guaranteed Minimum Pension'.

I appreciate this is probably all gobbledegook, but free and impartial help is available from TPAS to help you wade through the mire: https://www.pensionsadvisoryservice.org.uk/contacting-us

Silvertabby

Keeping the nomination form up to date isn't an issue - the question is whether he ever made one in the first place, and I think that's the point which needs to be pursued. If they have been together for 30 years, there must surely be a good chance he did nominate your sister as a 'specified dependant'. She needs to ask that question specifically, rather than asking for a widow's pension. Posted by Brynsam

The introduction of nominated partner's pensions is a relatively new concept in pensions. In the LGPS, for example, partner's pensions were only introduced in 2008 and even then only post 1988 service counts.

It's certainly worth asking the question, though, just to put OP's mind at rest.

Now, I know that this sounds mean, and I certainly don't intend any malice towards OP's sister (for whom I have the greatest sympathy) - but the time for clarifying things such as pension entitlements should have been the time they decided to live together rather than marry. All of this upset could then have been avoided.

Lorian

immy1 wrote: »

Telent rule states that they will only pay a widow's pension to the person who he was married to at his retirement date.

I agree with Brysam. They are wrong based on what I read in the two clauses on page 7 (IANAL).

Brynsam

Silvertabby wrote: »

Now, I know that this sounds mean, and I certainly don't intend any malice towards OP's sister (for whom I have the greatest sympathy) - but the time for clarifying things such as pension entitlements should have been the time they decided to live together rather than marry. All of this upset could then have been avoided.

Assuming that the ability to nominate an unmarried parter in the Telent scheme existed in the early 1990s, it could be that it was clarified by means of completing the relevant form and that the pensions administrators just haven't bothered to look for it. Given how long ago it could have been, it's likely that paper records were the order of the day.

We are of course assuming that the couple were free to marry and that the brother in law was not married to someone else at the time he retired, in which case no nomination would have been possible.

Has to be worth checking.

immy1

Thanks again to all for this really valuable advice. Sister's husband was 84 when he died and was drawing his pension for many years. However, I will certainly ask the recommended questions. Ive already sent an email to the pension ombudsman to see if they is anything they can do.

Yorkshireman99

immy1 wrote: »

Thanks again to all for this really valuable advice. Sister's husband was 84 when he died and was drawing his pension for many years. However, I will certainly ask the recommended questions. Ive already sent an email to the pension ombudsman to see if they is anything they can do.

Just for information the Ombudsman will not ajudicate until you have exhausted the company’s own complaints procedure first.