Am i entitled to my deceased wife pension even though we were separated

gazgits

Hello and thank you for the replies.

I have spoken to the LPGS and explained my situation honestly.
I still await their decision but have been informed that if they decide not to pay the pension to me then they will pay it to my children which i am happy with.
I always intended to give the money to the children so they could spend it on something to remember their mother with.

Thanks again

Silvertabby

gazgits wrote: »

Hello and thank you for the replies.

I have spoken to the LPGS and explained my situation honestly.
I still await their decision but have been informed that if they decide not to pay the pension to me then they will pay it to my children which i am happy with.
I always intended to give the money to the children so they could spend it on something to remember their mother with.

Thanks again

By LPGS, do you mean the LGPS (Local government pension scheme) ?

If so, then death benefits are in two parts.

The first is the death grant, which is a one-off tax free lump sum. This is normally paid to the nominated beneficiary - but if your wife didn't complete an 'expression of wishes' form then the scheme has to decide. In your case, the choice is you - even though you were separated at the date of her death - or her children. It is likely that this is the question that the trustees are considering.

The actual survivor's pensions, however, are paid strictly in accordance with the scheme rules. What what you have said, I see no reason why your 17 year old daughter shouldn't be awarded a child's pension payable from the day after your wife's death until your daughter is 18 (or 23 if she remains in full time education). How old are her other children?

The widower's pension should be payable to you for the rest of your life, even if you remarry. However, the trustees will need to be sure that you are only separated, and not divorced (and therefore ineligible). There's no way round this - but assuming that you are awarded a pension, you could, of course, draw the money and then transfer it to your children.

gazgits

Silvertabby wrote: »

By LPGS, do you mean the LGPS (Local government pension scheme) ?

If so, then death benefits are in two parts.

The first is the death grant, which is a one-off tax free lump sum. This is normally paid to the nominated beneficiary - but if your wife didn't complete an 'expression of wishes' form then the scheme has to decide. In your case, the choice is you - even though you were separated at the date of her death - or her children. It is likely that this is the question that the trustees are considering.

The actual survivor's pensions, however, are paid strictly in accordance with the scheme rules. What what you have said, I see no reason why your 17 year old daughter shouldn't be awarded a child's pension payable from the day after your wife's death until your daughter is 18 (or 23 if she remains in full time education). How old are her other children?

The widower's pension should be payable to you for the rest of your life, even if you remarry. However, the trustees will need to be sure that you are only separated, and not divorced (and therefore ineligible). There's no way round this - but assuming that you are awarded a pension, you could, of course, draw the money and then transfer it to your children.

Yes that is what i meant by LGPS

All that has been mentioned to me is payment of a single lump sum (i have not been told the amount but have been led to believe it is somewhere in the single figure of thousands. I presume that would be too low for an actual pension.

My daughter has just turned 17 and plans to stay in further education.
My son is almost 24.

Yes we were separated but no approach or discussion of divorce had been considered.

Thanks for the very helpful and detailed reply

Silvertabby

gazgits wrote: »

Yes that is what i meant by LGPS

All that has been mentioned to me is payment of a single lump sum (i have not been told the amount but have been led to believe it is somewhere in the single figure of thousands. I presume that would be too low for an actual pension.

My daughter has just turned 17 and plans to stay in further education.
My son is almost 24.

Yes we were separated but no approach or discussion of divorce had been considered.

Thanks for the very helpful and detailed reply

It itsn't the amount of the lump sum that determines an entitlement to a pension, it's the rules.

The only way it could be a lump sum only would be if your wife had left her employment/the LGPS without enough service (called the 'vesting period') to qualify for actual pension benefits. This used to be 2 years, then dropped to 3 months, then changed back to 2 years in 2014. If this is the case, then any death grant would be based on the refund value of her pension only - which does seem to be at odds with the estimate of some £ks (plus she would have been offered a refund when she left, which over 90% of people take).

Can you post exactly when your wife was a member of the LGPS? Hopefully, the person you spoke to only mentioned the lump sum because that is the only element 'under discussion'.

gazgits

Thanks Silver and apologies for the late reply.
Yes i believe my wife was a member of the LGPS and worked for the council for aprox 10 years. I received an email today stating that i will be the sole recipient.
It also stated that i will receive a spouses pension and my daughter a childs pension.
I'm waiting for confirmation in writing about how these work and how much it will be.

Thank again

Silvertabby

gazgits wrote: »

Thanks Silver and apologies for the late reply.
Yes i believe my wife was a member of the LGPS and worked for the council for aprox 10 years. I received an email today stating that i will be the sole recipient.
It also stated that i will receive a spouses pension and my daughter a childs pension.
I'm waiting for confirmation in writing about how these work and how much it will be.

Thank again

Glad it's being sorted. Even though you were seperated, she was still the mother of your child and that relationship can't be severed. My belated condolences to you both.