§ Lord Morris of Manchesterasked Her Majesty's Government:
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), how it is determined by the War Pensions Agency that a war widow is "living with a man as his wife"; and [HL629]
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), on what evidence and from what source, in each case, the War Pensions Agency decided to stop the war widow's pensions of five war widows for "living with a man as his wife"; and [HL630]
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), who was involved in giving evidence on the five war widows whose war widow's pensions were stopped between April 2000–January 2001 for "living with a man as his wife"; and [HL631]
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), what was the cost to public funds of identifying each of the five war widows whose war widow's pensions were stopped between April 2000–January 2001 for "living with a man as his wife"; and [HL632]
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), how many war widows are now entitled to cohabit, or remarry, without losing their war widow's pensions; and how many are not so entitled; and [HL633]
Further to the Written Answer by Baroness Hollis of Heigham on 30 January (WA 56), whether those war widows whose war widow's pensions were stopped have any right of appeal. [HL634]
§ The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)No recipient is entitled to keep her war widow's pension if she remarries or lives with a man as 65WA his wife. War pensions legislation differs from the Armed Forces Attributable Pension Scheme, in that Ministry of Defence legislation has, since 31 October 2000, allowed a widow to keep her attributable pension if she remarries or starts to live with a man as his wife. When a question arises whether a war widow is living with a man as his wife, the War Pensions Agency normally uses the services of the Benefits Agency to investigate the case. Trained staff follow established procedures, including interviewing the widow and, if possible, the person who may be living with her as her husband. A specially trained officer of the War Pensions Agency considers the information gathered, and any other relevant evidence, when 66WA deciding whether war widow's pension should remain in payment.
In each of the five cases referred to by the noble Lord, the evidence used comprised the record of the interview(s), including detailed accounts of the living arrangements and financial arrangements of the household. The information was provided by the widow, and where possible, by her partner. The cost of each individual investigation is not available. None of the five decisions was appealable to an independent tribunal. However, subject to the approval of Parliament, changes being introduced as a result of the Child Support, Pensions and Social Security Act 2000 will provide a right of appeal to the Pensions Appeal Tribunal on such decisions made from 9 April 2001.