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Bereaved unmarried Parent and the pending judicial review in Northern Ireland

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adviceplus
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This was on the news page on January 14th and in the CAB link it states the judge set a hearing date for March 2015

Am I right in thinking that we should launch similar claims/appeals now so that they can be in the system in case there is a positive decision   even though it is in Northern Ireland ?

I just come across a father with 3 children whose partner passed away 2 months ago he has full parental responsibilities for all 3 since birth.

If I recall right there was a Scottish case not so long ago that was totally rejected but still we can never know especially because they already decided to change bereavement payments anyway ??

So any guidance, as always most appreciated

Daphne
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I would say it’s worth a go - and watch what happens with the case…

adviceplus
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Thanks Daphne I’ll keep you posted

Daphne
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Appeal was successful at high court of justice in Belfast which found that the regulations restricting the payment of a bereavement allowance to Siobhan McLaughlin breached her human rights, potentially making her eligible for tens of thousands of pounds. Guardian reports -

Although the ruling applies to the devolved Northern Ireland social security system, it is understood that if the Department for Social Development (DSD) does not appeal, or is unsuccessful in an appeal, convention would enable similar legal challenges in the rest of the UK.

http://www.theguardian.com/society/2016/feb/10/bereavement-benefits-can-be-paid-even-if-couple-not-married-northern-ireland?CMP=share_btn_tw

Daphne
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Thanks to Citizens Advice Northern Ireland we now have a copy of the judgment - http://www.rightsnet.org.uk/pdfs/McLaughlin_NICA_09_Feb_16.pdf

Daphne
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gw
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will this allow people who where refused this benefit to apply for it retrospectively and have it backdated accordingly?

Daphne
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Message from Alison Penny at Child Bereavement Network -

We have been working for a while on the ineligibility of unmarried partners to Widowed Parent’s Allowance –  even if they had a joint tax credit claim with the partner who died. Last month in Belfast, Mr Justice Treacy ruled that an unmarried mother of 4 who had been with her partner for 23 years should be eligible. She was supported by the brilliant team at CAB.

We are awaiting an appeal, but in the meantime, I am really keen to find out whether anyone in England is planning to bring a test case here. Does anyone know of anything in the offing? Or would anyone be interested in working with us on this? Please do email me at .(JavaScript must be enabled to view this email address) if you are interested

stevenmcavoy
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adviceplus - 27 January 2015 06:49 PM

This was on the news page on January 14th and in the CAB link it states the judge set a hearing date for March 2015

Am I right in thinking that we should launch similar claims/appeals now so that they can be in the system in case there is a positive decision   even though it is in Northern Ireland ?

I just come across a father with 3 children whose partner passed away 2 months ago he has full parental responsibilities for all 3 since birth.

If I recall right there was a Scottish case not so long ago that was totally rejected but still we can never know especially because they already decided to change bereavement payments anyway ??

So any guidance, as always most appreciated

i think in scotland we have different rules for one or more of the bereavement benefits.  habit and repute i think comes into it?

Daphne
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Updated info from Citizens Advice Northern Ireland -

The remedy hearing for the Judicial Review case was this morning. The Judge gave us the declaration we were looking for to say that to exclude unmarried partners from accessing widowed parents allowance for their children is incompatible with their human rights. This paves the way for the legislation to be changed and can be used in the mean time. It makes it easier for other people to be eligible so it is good news. We do expect the case to be appealled (the DSD have 6 weeks of the declaration being issued) but we have a strong judgement if they do appeal and a good chance of being successful.

shawn mach
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Citizens Advice NI tweeted yesterday to say -

Today was day 1 of our McLaughlin Court of Appeal case on eligibility for cohabitees for bereavement benefits - more tomorrow!

https://twitter.com/CABNIRELAND/status/790585772105723904?s=09

Daphne
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We have heard from Citizens Advice in Northern Ireland that sadly this case lost at Court of Appeal - judgment attached. CA tell us that they are considering their options including a Supreme Court challenge.

Thanks very much to Laura Banks from CA for keeping us informed and providing the copy of the judgment.

File Attachments

shawn mach
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Daphne
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Permission to appeal to the Supreme Court has been granted - whether refusal to pay widowed parent’s allowance to an unmarried cohabitee is discriminatory -

https://www.supremecourt.uk/docs/permission-to-appeal-2017-0506.pdf

Stuart
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Supreme Court will hear the appeal in first sitting to be held in Northern Ireland commencing 30 April 2018.

https://www.supremecourt.uk/news/uk-supreme-court-bound-for-northern-ireland.html

shawn mach
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Confirmation that Supreme Court hearing scheduled for 30 April 2018:

https://www.supremecourt.uk/cases/uksc-2017-0035.html