7Restoration of surviving spouse’s pension if lost due to remarriage

7 Restoration of surviving spouse’s pension if lost due to remarriage

7 Restoration of surviving spouse’s pension if lost due to remarriage

(1) If a person’s pension under section 6 ceased to be payable before the commencement day because the person remarried, the person may apply to the Attorney General for the pension to be restored.

(2) If the Attorney General is satisfied that:

(a) the person is in need, or

(b) the restoration of the person’s pension is otherwise justified,

the Attorney General may direct in writing that the person’s pension is to be restored.

(3) The Attorney General may direct that the person’s pension is to be restored from a day before the application day if satisfied that there are special circumstances that justify restoration of the pension from that earlier day.

(4) The Attorney General must not specify a day under subsection (3) that is before the commencement day.

(5) If the Attorney General gives a direction under subsection (2), the person’s pension is restored:

(a) from and including the day specified in the direction, or

(b) if no day is specified in the direction, from and including the application day.

(6) If the Attorney General decides not to restore a person’s pension under this section, the Attorney General must give the person written notice of that decision. The notice must include reasons for the decision.

(7) In this section:

application day means the day on which the application under subsection (1) was made.

commencement day means the day on which the Judges’ Pensions (Amendment) Act 1994 commences.

s 7: Am 1964 No 52, sec 2 (b); 1972 No 69, sec 3 (d). Rep 1974 No 106, sec 2 (e). Ins 1994 No 11, Sch 1 (2).