Claimant over pension age refused BP on the grounds that spouse was receiving a Category 'A' Pension when she died. Advised by Pensions Service that spouse was receiving 'ABL' pension. A small amount of Category 'A' topped up with Category 'B'. Advised on Pensions Service helpline that Category 'ABL' was not a Category 'A' pension and that an 'ABL' pension would not disqualify someone from a Bereavement Payment. Local office say this advice is wrong. Have asked Pensions Service to confirm their advice in writing but no response yet. Appealed on basis that s36(1)(a)SSC&BA 1992 states that a person shall be entitled to a BP if they are under pension age when the spouse died "or the spouse was then not entitled to a Category 'A' retirement pension under s44 below". Argued that claimant's spouse received a retirement pension under s51A SSC&BA 1992 not under s44 SSC&BA 1992. Appeal hearing at beginning of April. Not found any decisions on this. I would be interested to hear from anyone with prior experience on this subject or if anyone has any suggestions or commissioners decisions.

Hello Gill,

I was interested to read your piece on bereavement payment and category ABL pensions. I have appeal on same issue. I wondered were you successful?