Bereavement Support Payment- NI Contributions for Carer unable to work and unable to pay NI

Under the old Bereavement Benefits NIC credits used to help people qualify Now, for Bereavement Support Payment, NIC credits do not count.
Just seen that in a judgment that Mr Justice Kerr found that the qualifying condition, which requires the deceased spouse of any claimant to have actually paid national insurance contributions, violates Article 14, read with Article 1 of the First Protocol, because it results in denying BSP to a person whose deceased spouse was unable to work and therefore unable to pay national insurance contributions throughout his or her working life due to disability.
My question is that would this apply if the deceased was the Carer of a someone who could not work due to disability?
The Carer passed away recently. She has been looking after her husband since she was around 18 years old (32 years). She had had a child who was disabled and needed a lot of care. She was unable to work due to the caring needs of her husband and child.
Could the same argument be used in this case?