Hello everyone,

some help please:- claimant turned down for Bereavement Benefits.claimant's husband married 1st wife abroad- she later died (no proof of death or marriage)claimant married the man abroad and then came to the u.k and has been here ever since with her husband untill his death jan/2007.

dwp say 'it is not in doubt that claimants marriage on 1.4.66 is valid under the laws of the country where it was celebrated but it cannot be accepted as valid for social security purposes under the polygamous marriage regulations if it is polyganmous in fact....... because the marriage was celebrated under a law which permits polygamy and was not in fact monogamous at the relevant time'.

but surely it was monogamous because the claimant's husband although married twice did not at any time have two wifes at one time?

what am i missing here?

any help appreciated.

If there's no evidence of the first marriage how do they know it happened, eh? mind you if ther was one you are going to need soem sort of evidence of the first wife's death even if it's only a statemnt from records or personal knowledge.

However if you are really sure of your dates - that there was a gap between the death of W1 and the marriage to W2 - then the fact that the marriage was potentially polygamous does not make it actually polygamous for benefit purposes. So if there really only was one wife at a time, W2 is now a widow and entitled to any survivorship benefits that may be going.