I have just seen someone who was refused a Funeral Payment from the social fund as they do not see her as the responsible person.
She was married to the deceased, but had lived apart for 20 years. He had mental health problems and she remained close and supported him but did not wish to live in the same house.
The deceased also had a son who could contribute.

As a partner they would not look around for other possible responsible people, otherwise (except parents of children who have died) it depends on whether anyone else can be seen as responsible.
Does anyone know more about what defines partner ?

Any other bereavement benefit she could have claimed (though fails to qualify due to age) just because they were legally married and she was not living with someone else.

The client has decided not to challenge the decision as she cannot face the struggle, but I still want to know more about the position she was in. The social fund decision was also wrong in stating she was actually out of contact with her husband, which was never the case.

Thank you.

Not much joy, I fear. The Maternity and Funeral Expenses Regs - reg 3(1A) - expand 'member of the same household', which is a necessary quality for being treated as a partner, to include married people who are in care together; and married or unmarried people who were partners immediately before one of them was admitted to permanent care. There's no provision for treatment as a partner in your scenario, though it's not really that rare.

The worst of it is that a spouse who doesn't count as a partner isn't an 'immediate family member' either, nor even a 'close relative', by definition! That leaves just 'close friend'. The son is an immediate family member and thus outranks your lady in the pecking order. I don't suppose you can say it wasn't reasonable for the son to take it on? He'd have had to have little contact (or perhaps a poor relationship) with the deceased - reg 7(5).

Jim

thanks.
no - the son still had at least some relationship with the father.
It is sort-of a relief there wasn't a magic answer to this one as the client is now untraceable.