13 October 2010
Mr Cockburn, a widower of an NHS Pension Scheme member has won
the right to challenge the NHS Pension Scheme rules because he is
currently £2,800 a year worse off than a widow in a similar
situation.
Mr Justice Holman has given permission for Mr Cockburn to
legally challenge the rules under the European Convention on Human
Rights, which bans discrimination.
Mr Justice Holman said:
"This is plainly a matter of very considerable importance
affecting a considerable number of people, and involving - as it
may - around £500 million of public money."
The Council for the Department of Health has said that extra
provision had originally been made for widows due to their
disadvantaged economic position.
It would appear that the 1995 NHS Pension Scheme only makes
provision for a widowers/civil partner/nominated partner's pension
benefit for service accrued from 6 April 1988.
