High Court rules in favour of bereaved parents who were cohabiting and their children

In today’s judgment Jackson & Ors v The Secretary of State for Work And Pensions, Mr Justice Holman rules that -

‘Section 30(4)(a) of the Pensions Act 2014, read with section 30(1), is incompatible with Article 14 of the European Convention on Human Rights read with Article 8 in so far as it empowers the Secretary of State to order by regulations that Bereavement Support Payment be paid at a higher rate in the case of a person who is pregnant or entitled to child benefit, only if they are a spouse or civil partner of the deceased.’

Here’s the rightsnet summary...

... and press releases from CPAG and Garden Court North Chambers who acted for the claimants.

DWP have confirmed they will not be appeaing decision - https://twitter.com/CPAGUK/status/1243103610604527616

Written answer yesterday advises that government is still ‘considering’ this judgment -

It is a key principle that all rights to inheritable benefits derived from another person’s contributions, such as Bereavement Support Payment, should be based on the concept of a legal marriage or civil partnership. However, on 7 February the High Court ruled that the higher rate of Bereavement Support Payment (which is paid to those with children) to be incompatible with the ECHR in that it is only payable where the survivor was married to, or in a civil partnership with the deceased. Whilst this ruling does not change the current legislation, we are carefully considering what to do in response to this judgement.