William Eichler 30 August 2018

Court rules bereavement benefit restrictions breaches human rights

Denying bereavement benefits to unmarried, cohabiting partners with children is incompatible with human rights law, court rules.

The Supreme Court has ruled in favour of a bereaved mother who was not married to her children’s father and so could not, according to the Government’s eligibility criteria, receive the Widowed Parent’s Allowance.

This allowance is intended to provide for children in the event of a parent’s death. However, it can only be claimed by a husband, wife, or civil partner.

Widows Parent’s Allowance was replaced last year by Bereavement Support Payment but the restrictions are the same.

The case relates to County Antrim mother-of-four Siobhan McLaughlin. When her partner John died after 23 years together, she was not eligible for the Widowed Parent’s Allowance because she and John had not married.

The Supreme Court ruled that the current policy is a breach of the Human Rights Act.

Alison Penny, director of the Childhood Bereavement Network, welcomed the court’s decision and pointed out that parents make the same National Insurance contributions whether they are married or cohabiting.

‘We pay tribute to Siobhan for having the courage to bring this test case and improve the situation for thousands of grieving children and their surviving parents,’ said Ms. Penny.

‘While she brought her case in Northern Ireland, it has implications for the rest of the UK where the wording of the eligibility criteria is the same. If current policy is in breach of the Human Rights Act in Northern Ireland, it must be in breach in the rest of the UK too.

‘We estimate that every year, over 2,000 families like Siobhan’s face the double hit of one parent dying, and the other parent realising that they and the children are not eligible for bereavement benefits.

‘And with cohabiting couples the fastest growing family type in the UK, the problem would only have got worse. On average, a cohabiting parent earning £10,000 a year lost out by over £15,000 over the children’s childhood if their partner died and they couldn’t claim Widowed Parent’s Allowance.’

A spokesperson for the Department for Work & Pensions said: 'We will consider the court’s ruling carefully.

'Widowed Parent’s Allowance was a contributory benefit, and it has always been the case that inheritable benefits derived from another person’s contributions should be based on the concept of legal marriage or civil partnership.

'This ruling doesn’t change the current eligibility rules for receiving bereavement benefits, which are paid only to people who are married or in a civil partnership.'

SIGN UP
For your free daily news bulletin
Highways jobs

Vocational Trainer - First Aid - South Essex

Essex County Council
Up to £18.38 per hour
Vocational Trainer - First Aid - South EssexTemporary, Part Time£18.38ph/£136.04 Per Day (PAYE)Location
Recuriter: Essex County Council

Learning Support Lead

Essex County Council
£29467.0000 - £34667.0000 per annum
Learning Support LeadPermanent, Full Time£29,467 to £34,667 per annumLocation
Recuriter: Essex County Council

Senior Support Worker - D-BIT, Connecting and Uniting Families

Essex County Council
£26284.0000 - £33256.0000 per annum
Senior Support Worker - D-BIT, Connecting and Uniting FamiliesFixed Term, Full Time£26,284 to £33,256 per annumLocation
Recuriter: Essex County Council

Approved Mental Health Practitioner

North Yorkshire Council
£42,839 to £47,181 per annum, Plus £3,900 market supplement
This is an exciting time to join us as we review and shape services to meet the future needs of people across North Yorkshire and the City of York. Selby, North Yorkshire
Recuriter: North Yorkshire Council

Approved Mental Health Practitioner

North Yorkshire Council
£42,839 to £47,181 per annum, Plus £3,900 market supplement
This is an exciting time to join us as we review and shape services to meet the future needs of people across North Yorkshire and the City of York. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner