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10 May 2018

High Court judgement on cohabiting partners

Last April, we highlighted that there had been a Supreme Court ruling on a case in Northern Ireland (Brewster V NILGOSC) regarding the non-payment of a pension to a cohabiting partner due to the lack of a nomination form.  LGPS regulations changed in 2014, removing the need to nominate a cohabiting partner.

Following the Supreme Court ruling, and in similar circumstances, in the case of Elmes V MHCLG, the High Court has determined that the outcome of this case heard before the High Court on Tuesday 18 January 2018, effectively removes the requirement for a nomination form from regulations. 

This means it enables the EAPF to pay a partner’s pension to the partner of a deceased member who died without completing a nomination form, and who left active membership on or after 1 April 2008 and before 1 April 2014.

If you were a cohabiting partner and think you may be affected by this, to please get in touch with us.

The definition of a cohabiting partner can be found here
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