Teacher's Pensions and widow's pension

Yorkie1

My Dad had a pension from TP when he retired in 2001. When he died in late 2015, my Mum became entitled to a long-term widow's (dependent's / spouse's - not sure of the precise term) pension in a reduced amount.

In May 2022, TP wrote to Mum asking her to complete and return a document to confirm she continued to be eligible for the pension (i.e., hadn't remarried, formed a civil partnership, or started co-habiting etc.). She didn't return that form, but when TP wrote a reminder letter to her in June 2022, she did complete and return that form. She has notes from that time to indicate the dates when she did so.

I have just spotted, when going through her finances with her over the last few days, that the income from Dad's pension reference number stopped in July 2022. 

Given the coincidence in timing, I suspect that the two are linked. Either Mum's completed form wasn't received by TP, or it was received but then lost / not processed properly.

Does this sound a likely explanation?

I have drafted a letter for her to send to TP, which she will send tomorrow via recorded delivery or similar to be sure. We've asked for an investigation and explanation.

If the two are indeed linked, what is reasonable to expect by way of resolution? Mum has complied with the second request to return the form, and should not be penalised as a result of any subsequent postal or administrative issues.

I would hope that they would reinstate the pension and pay the arrears, but is this a reasonable expectation?

Thanks for any thoughts.

Dazed_and_C0nfused

What happened when she asked TPS why the payments had stopped?

Keep_pedalling

Were they married? If they were her pension should be for life regardless is she remarried or not. 

hugheskevi

Keep_pedalling said:

Were they married? If they were her pension should be for life regardless is she remarried or not. 

Note the scheme member retired in 2001. From this House of Commons Briefing Paper:

2.2 Teachers
In June 2006, the Department for Education and Skills issued proposals for reform of the Teachers’ Pension Scheme. This included a proposal for survivors’ pensions to be paid for life. This would apply both to new entrants from 1 January 2007 and for existing members on that date.12 The change was legislated for in the Teachers’ Pensions etc (Reform Amendments) regulations 2006 (SI 2006 No. 3122). However, it did not apply where the scheme member retired before 1 January 2007. The Explanatory Memorandum said:

Schedule 3 paragraph 50 amends regulation E30 (duration of long term-survivor pensions) so that survivor pensions are payable for the lifetime of the recipient. Widow, widower and civil partner pensions payable in respect of a member who retired from a date prior to 1 January 2007 will be remain liable to cessation on the recipient’s remarriage, civil partnership or cohabitation.

xylophone

Your mother has only just noticed that she hasn't received her pension for over a year?

Has there been any  decrease in  the amount of Contracted Out Deduction shown on her state pension letter for 23/24?

zagubov

Is this the same in all home nations?

xylophone

Were they married? If they were her pension should be for life regardless is she remarried or not. 

No. See

https://researchbriefings.files.parliament.uk/documents/SN07109/SN07109.pdf

2. Changes in individual schemes

Each of the main public service schemes had rules providing for a survivors’ pension to be removed on remarriage of cohabitation. These rules were removed as part of reforms to the schemes in the mid-2000s. In general, these changes were not made retrospective. A limited exception has been made for some survivors of members of the armed forces in recognition of the fact that the unique nature of service life places them at a particular disadvantage in building up entitlement to an occupational pension in their own right. 

2.2 Teachers

In June 2006, the Department for Education and Skills issued proposals for reform of the Teachers’ Pension Scheme. This included a proposal for survivors’ pensions to be paid for life. This would apply both to new entrants from 1 January 2007 and for existing members on that date.12 The change was legislated for in the Teachers’ Pensions etc (Reform Amendments) regulations 2006 (SI 2006 No. 3122). However, it did not apply where the scheme member retired before 1 January 2007. 

The OP's father retired in 2001.

Tommyjw

Why not call just up tomorrow morning and possibly have it sorted immediately 

Yorkie1

Dazed_and_C0nfused said:

What happened when she asked TPS why the payments had stopped?

Letter to be posted tomorrow - we'll then see what their reply is. I'm just trying to get ahead of myself!

Yorkie1

Tommyjw said:

Why not call just up tomorrow morning and possibly have it sorted immediately 

After an inordinate length of time on hold, we gave up ... hence the letter being posted tomorrow!

Silvertabby

Keep_pedalling said:

Were they married? If they were her pension should be for life regardless is she remarried or not. 

Unfortunately, it would appear not in this case.  My understanding is that a TPS widow's pension only remains in payment after re-marriage/co-habitation if the scheme member had pensionable service after 1 Jan 2007.

So, TPS not receiving confirmation that OP's mum was still eligible would certainly have resulted in the stoppage of payments - but I would have expected TPS to have followed that up with an investigation and recovery of any overpaid benefits.

Yes, assuming that OP's mum remains eligible, the pension should be re-instated and full arrears paid.