I have a customer who has recently lost her partner. She is 55 years old, they were not married just lived together for 30 years. Am I right in thinking that she is not eligible for Bereavement Allowance.

You need to be legally married or part of a civil partner ship. There is a slight difference in Scotland where you can establish marriage by repute after a partner dies.

"There is a slight difference in Scotland where you can establish marriage by repute after a partner dies."

Not any more, the Scottish Parliment, from (I believe) this April, outlawed 'marriage by cohabitation with habit and repute' except in very rare and exceptional circumstances.

A very important qualification. For social security purposes the test will be with us for some time to come as S3 of the Family Law(Scotland) 2006 is only effective for cases of cohabitation and repute starting after the commencement date (4 May 2006) so where the cohabitation and repute was established before that date then in the future claims for bereavement allowance can still be made.

Have a look at Chief Adjudication Officer v. Kirpal Kaur Bath <1999> EWCA Civ 3008.

You will of course find this at www.bailii.org.uk

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1999/3008.html&query=Kirpal+and+Kaur+and+Bath&method=boolean

i think that can be distinguished, however - mrs bath was married. it seems from what you say that your client wasn't (hadn't undergone a ceremony of marriage). Also Mr Bath had been treated for all purposes as being married and as the court said, the DWP was arguing a very unattractive case....