NHS Pension Scheme (CAS-48733-H1L4)

Ombudsman’s Determination

Outcome

The complaint should not be upheld against NHS BSA, because the application and retention of regulation G1 of the NHS Pension Scheme Regulations 1995 amounts to a proportional means of achieving a legitimate aim. Mrs E’s claim of a breach of human rights has failed in this instance.

Complaint summary

1. Mrs E’s complaint is that the suspension or cessation of her widow’s pension upon re-marrying or upon co-habiting with an individual as husband and wife infringes upon her rights under the European Convention on Human Rights as incorporated into the domestic law of the UK by the Human Rights Act 1998 as an interference with her family life contrary to Article 8 of the Convention.

2. She also complains that the distinction between widows whose husbands died before, and those of husbands who died on or after 1 April 2008 (who do not lose their widow’s pension if they remarry or co-habit with someone), constitutes unlawful discrimination on the ground of age contrary to Article 14 of the Convention.