Deakin v Secretary of State for Defence

Pension – War widow's pension. The Upper Tribunal (Administrative Appeals Chamber) had correctly decided that the effect of the relevant provisions of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, SI 2006/606, was that the respondent war widow had been entitled to a restored war widow's pension from the day after her second husband had died in 2000. Further, there had been no obligation on her to make a claim at that time, with the result that she had actually become entitled to such a pension from that date. Consequently, the Court of Appeal, Civil Division, dismissed the Secretary of State for Defence's appeal against the tribunal's decision.

Category: