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Pension – Pension scheme. The claimant had been the long-term partner of the deceased, who was a member of the armed forces. She appealed in respect of a decision that, as she had been still married to her husband, from whom she had separated, she was not eligible for benefits under the armed forces pension scheme. The Chancery Division, in dismissing the appeal, held that the claimant and the deceased had, on the date of his death, been prevented from marrying, within the meaning of the scheme's rules, by virtue of the claimant's subsisting marriage and there had been no unlawful discrimination under the European Convention on Human Rights.
Pension – Pension scheme. The claimant had been the long-term partner of the deceased, who was a member of the armed forces. She appealed in respect of a decision that, as she had been still married to her husband, from whom she had separated, she was not eligible for benefits under the armed forces pension scheme. The Chancery Division, in dismissing the appeal, held that the claimant and the deceased had, on the date of his death, been prevented from marrying, within the meaning of the scheme's rules, by virtue of the claimant's subsisting marriage and there had been no unlawful discrimination under the European Convention on Human Rights.
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