Part IVMiscellaneous and General
War Pensions
168War pensions for widows: effect of remarriage
1
In determining whether a pension is payable to a person as a widow under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement of this section, no account may be taken of the fact that the widow has married another if, before the beginning of that period, the marriage has been terminated or the parties have been judicially separated.
2
For the purposes of this section—
a
the reference to the termination of a marriage is to the termination of the marriage 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, 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 [S.I. 1983/883.] Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
b
The [S.I. 1983/686.] Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939,
c
any scheme made under the [1939 c. 83.] Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the [1947 c. 19.] 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 [1969 c. 65.] Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.