War widows lose out on pension claim – because of legal loophole
WIDOWS of war veterans are being robbed of vital financial support because of a loophole in the law, the Mid-Ocean News can reveal.
And despite Government acknowledging that there is an issue, civil servants are obeying the letter of the law and turning down applications for pensions.
According to the Department of Social Insurance, a widow is only eligible to claim a pension if her marriage took place before or during her husband's military service.
A letter to one widow, informing her that her pension would be terminated, reads: "The Pension and Gratuities (War Service) Act 1947 defines 'spouse' in relation to a member of the armed forces or a mercantile mariner means a spouse whose marriage took place before the 'material date. Material date is defined in the same act as the date of injury or termination of war service.
"In this regard, you are not eligible to receive a Widows Pension since your marriage occurred after your late spouse was discharged.
"Accordingly, your pension will be terminated as of February 1, 2008."
Government last year introduced new legislation to increase benefits and make them available to a wider number of veterans.
But the amended law does not appear to have addressed the issue of widows of war veterans.
The Mid-Ocean News understands that about a dozen letters have been sent to widows in recent weeks stating that they are not entitled to claim a pension.
This week the Minister responsible for pensions, Sen. David Burch, did not respond to questions from this newspaper, although a Government spokeswoman did confirm that he was aware of the situation and was looking into the matter.
But the Opposition United Bermuda Party questioned why elderly widows were still being turned away and pointed out it could take months for legislation closing the loophole to become law.
Shadow Minister for Seniors Louise Jackson said: "These widows are in dire financial straits - many of them are living in abject poverty and these pensions give them some help. They have been a long time coming and I do commend Government for actually achieving this after all these years.
"I'm also glad that the Minister is looking into the matter but if the law needs to be changed, how long will it take for it to get changed? The House of Assembly doesn't reconvene until next month and then legislation would have to go through the Senate...I think, even with the best will in the world, we're talking months and all the while these widows are being turned away. Most of the widows that this is affecting are very old and don't have a clue how to go about addressing this problem, but they can call me.
"So many war veterans were treated without due regard for so long that it is incumbent on anyone with any sense of compassion to do the right thing for them.
"Most of the veterans are sick. Many have already passed on. To now say to their widows, who may have been married to their spouses for more than 50 years, that they do not qualify for the pensions because their marriage occurred "before the material date" is nonsense.
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