The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Pensions to surviving spouses and surviving civil partners

23.—(1) The surviving spouse or surviving civil partner of a member of the armed forces whose death is due to service may be awarded a pension—

(a) at whichever of the rates specified in column (2) of Tables 1, 2 and 3 in Part II of Schedule 2 is appropriate in the case where—

(i) the person has attained the age of 40 years or is the surviving spouse or surviving civil partner of an officer who was a member of the armed forces between 14th August 1914 and 30th September 1921, or

(ii) the person is in receipt of an allowance awarded in respect of a child under article 28, 30 or 31, or

(iii) the person was in receipt of an allowance awarded under article 28 in respect of a child of whom that person is the parent until the date upon which the child attained the age of 16 years, or where, in the opinion of the Secretary of State in any other case, that person should be treated as having been in receipt of such an allowance until that date, or

(iv) a child in respect of whom the person was awarded an allowance under article 28 or 31 dies before attaining the age of 16 years, for a period of 13 weeks beginning with the date of the child’s death, or

(v) the person is incapable of self-support;

(b) in any other case, at whichever of the rates specified in column (2) of Tables 4 and 5 in Part II of Schedule 2 is appropriate in the case.

(2) A supplementary pension payable at a rate of £68.42 per week shall be awarded to a surviving spouse or surviving civil partner of a member of the armed forces where—

(a) the surviving spouse or surviving civil partner is entitled to a pension under paragraph (1) above; and

(b) the service of that member terminated before 31st March 1973.