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Bereavement Support Payment - flat rate (pre 1975) contributions don’t count
My client was born in 1961, her husband born 1946; he died July 2018 aged 71 he was in receipt of state retirement pension.
On 9/8/2018 my client made a claim for Bereavement Support Payment (BSP) – on 17/8/2018 the decision refused her claim because her late husband had not paid any Class 1 or 2 NI contributions during his working life as per section 30 and 31 of the Pension Act 2014.
From the evidence held, her late husband paid 647 flat rate contributions (all paid prior to 1975). He had worked for five years had an accident (not IA/PD) and never worked again. The legislation states that only Class 1 or Class 2 count & any flat rate contributions paid prior to April 1975 cannot be taken into account.
I have read the contributions conditions SSCB Act 1992 Schedule 3 for entitlement to benefit in Sweet & Maxwell Vol 1 & pension Act 2014, there is no commentary on the intention to remove early years contributions which had previously protected bereavement payments and allowance for spouses who died on or after 9/4/2001 but before 6/4/2017. Was this intentional or an oversight? Does this contravene the human rights act article 14 age discrimination?
I also read the Bereavement Benefit for the 21st Century public consultation report drafted in 2011 but this did not address the pre 1975 contributor for BSP.
I took it to an appeal hearing, the district tribunal judge adjourned to give me the opportunity to file a further, more detailed submission. My plan is to take it back to Tribunal & for it to be refused & appeal to the UT.
I appreciate that this scenario maybe rare but any thoughts are appreciated.
Regards
Hull WRS
[2020] NICA
Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR
Update: In August 2020 my client’s appeal was heard by the FtT & allowed. The SSWP sought permission to appeal & was granted it. It was directed for an oral hearing which took place last week 6/6/23. The statutory argument was heard & the case adjourned for the HRA 1998 argument on the basis that the Jwanczuk [2022] EWHC 2298 is being heard today.