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Bereavement support payment for cohabiting couples without children.

PippaD
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Benefits advisor - Maggie's South West Wales, Swansea

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Total Posts: 54

Joined: 20 June 2013

Hi, I hope you are all ok.

This case seems to only relate to the higher rate of bereavement support payments for couples with children.
https://cpag.org.uk/welfare-rights/legal-test-cases/bereavement-support-payments-unmarried-parents

Is this right and do any of you know of any other cases related to couples without children?
Surely if there is discrimination for couples with children then couples who have been together for many years but chosen not to get married/civil partnership are also discriminated against as someone who may have got married the day before a death would benefit when someone who has cohabited, for 20 years for example, would lose out on payment?

I have a client who was due to be married on 24th March in the hospice where his partner was being treated . The council stopped all weddings following lockdown on 23rd March and they weren’t legally able to tie the knot ( but had a priest offer a blessing). Sadly she died two weeks later. My client is happy to apply for the BSP and appeal if refused but as far as I can see the above case is only for couples.

Can anyone shed some light on this please.

Many thanks
Pippa

Daphne
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rightsnet writer / editor

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Joined: 14 March 2014

In the original McLaughlin case which admittedly was about widowed parent’s allowance, the difference between bereavement payment and widowed parent’s allowance was differentiated in the High Court as the second is paid to help raise the children and the children should not be discriminated against because their parents weren’t married -

... where the benefit is granted due to parentage and co-raising of the children, the refusal of the benefit is not justified on these grounds. This is because the responsibilities of one parent in relation to their children after the death of their partner do not arise from and are not necessarily connected to the public contract that they made at the time of marriage/ civil partnership. Parents are under the same or similar financial obligations regarding the maintenance of their children irrespective of whether they are married, in a civil partnership or cohabiting.

The complete exclusion of the applicant on the grounds of her marital status from a benefit whose purpose is to alleviate the financial burden on a family resulting from the death of a parent cannot be justified. The rationale for the benefit applied equally to persons in the applicant’s position as it does to married widows with children. The purpose of the benefit was to diminish the financial hardship on families consequent upon the death of one of the parents.

Even allowing for the State’s margin of appreciation I do not consider that the exclusion of the applicant from widowed parent’s allowance on the grounds of her marital status can be justified. Indeed, it may seem somewhat strange to rely, as a justification for the restriction, on the contention that it promotes the institution of marriage and civil partnership when parents, whatever the status of the relationship, owe the same financial or legal duties towards their children. The restriction appears to be inimical to the interests of children.’

So unfortunately I don’t think it helps your claimant as can’t use that argument. But might be worth talking to CPAG to someone to see if there is a separate argument taking into account the special circumstances of your case.

PippaD
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Benefits advisor - Maggie's South West Wales, Swansea

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Total Posts: 54

Joined: 20 June 2013

Thanks Daphne for the clarification,
I understand why the emphasis is for children but also feel that there are a group of unmarried/civil partnered couples without children who are also missing out and being discriminated against.