2013-Ģ��ƵAT-348

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified Ģ��ƵJSPF in October 2003 of his marriage to Mrs Sidell and Ģ��ƵJSPF requested him to provide his original marriage certificate, which he did; and Ģ��ƵJSPF did not follow up with Mr Sidell about the matter. Ģ��ƵAT held that Ģ��ƵJSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell��s pension record was corrected and that his marriage to Mr Sidell was recognised by Ģ��ƵJSPF. Ģ��ƵAT held that, in the circumstances, it was unreasonable to deny the widow her entitlements. Ģ��ƵAT allowed the appeal, set aside the decision of the Standing Committee of the Ģ��ƵJSPB and ordered Ģ��ƵJSPF to pay Mrs Sidell her widow��s benefit.

Decision Contested or Judgment/Order Appealed

Mrs Sidell contested the decision not to pay her a widow��s benefit. The Standing Committee of the Ģ��ƵJSPB upheld the decision, noting that participants report their dependants prior to separation from service and there were no exceptional circumstances to justify any deviation from that requirement.

Legal Principle(s)

In certain circumstances, silence by the Administration may create a reasonable expectation that action has been taken.

Outcome

Appeal granted

Outcome Extra Text

Only financial compensation; Only financial compensation.

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Applicants/Appellants

Sidell

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement