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Top Other benefits topic #2097

Subject: "Bereavement Benefits - EU contributions" First topic | Last topic
pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

Bereavement Benefits - EU contributions
Thu 05-Feb-09 10:06 AM

Client came to UK from Portugal with husband in 2006. Husband worked briefly in UK than got ill and subsequently died ( not through an industrial accident/ disease ). We appealed refusal of bereavement benefits on grounds that he had worked and paid into Portuguese social security system for over 20 years prior to coming to UK.
Have not had submission yet but when I queried why DWP had not referred case to International Pensions Centre to look into his Portuguese contributions their response was EU contributions do not count towards bereavement benefit.
Is this correct? Can anyone point me to the relevant legislation?
Many thanks.

  

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Replies to this topic
RE: Bereavement Benefits - EU contributions, ariadne2, 06th Feb 2009, #1
RE: Bereavement Benefits - EU contributions, pclc, 09th Feb 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Bereavement Benefits - EU contributions
Fri 06-Feb-09 06:48 PM

Regulation 1408/71 is the relevant one. As far as I can see on a cursory reading, it does not provide rules for aggregating periods of insurance in other Member States in the same way as it does for pensions and some other contributory benefits. It only secures the exportability of survivors' benefits within the EEA.

  

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pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: Bereavement Benefits - EU contributions
Mon 09-Feb-09 12:53 PM

Thanks - I'll check it out.

  

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Top Other benefits topic #2097First topic | Last topic