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Change 1
As published
168 War pensions for widows: effect of remarriage.
(1) In determining whether a pension is payable to a person as a widow, widower or surviving civil partner under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement date, no account may be taken of the fact that the person has married or formed a civil partnership with another person if, before the beginning of that period—
(a) the marriage or civil partnership has been terminated,
(b) the parties to it have been judicially separated, or
(c) in the case of a civil partnership, a separation order has been made in respect of the parties.
(1A) The commencement date is—
(a) for the purpose of determining whether a pension is payable to a person as a widow or widower, 19 July 1995;
(b) for the purpose of determining whether a pension is payable to a person as a surviving civil partner, 5 December 2005.
(2) For the purposes of this section—
(a) the reference to the termination of a marriage or civil partnership is to its termination by death, dissolution or annulment, and
(b) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom;
and for those purposes a divorce, dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made by any court in the United Kingdom.
(3) The enactments referred to in subsection (1) are—
(a) The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and any order re-enacting the provisions of that order,
(b) The Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
(c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
(d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.
Your change, as a redline
168 War pensions for widows: effect of remarriage.
(1) In determining whether a pension is payable to a person as a widow, widower or surviving civil partner under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement date, no account may be taken of the fact that the person has married or formed a civil partnership with another person if, before the beginning of that period—
(a) the marriage or civil partnership has been terminated,
(b) the parties to it have been judicially separated, or
(c) in the case of a civil partnership, a separation order has been made in respect of the parties.
(1A) The commencement date is—
(a) for the purpose of determining whether a pension is payable to a person as a widow or widower, 19 July 1995;
(b) for the purpose of determining whether a pension is payable to a person as a surviving civil partner, 5 December 2005.
(2) For the purposes of this section—
(a) the reference to the termination of a marriage or civil partnership is to its termination by death, dissolution or annulment, and
(b) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom;
and for those purposes a divorce, dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made by any court in the United Kingdom.
(3) The enactments referred to in subsection (1) are—
(a) The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, and any order re-enacting the provisions of that order,
(b) The Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
(c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
(d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.
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