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BSP for co-habitees

rcp
forum member

Community Law Service, Northampton

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Total Posts: 1

Joined: 20 December 2021

Hello
My client had an unofficial same-sex marriage abroad (in a country which has no legal same-sex marriage) to a British citizen.
He and the British partner moved to the UK with my client on a partner (not spouse) visa. The British partner then died. My client claimed BSP and was refused on the grounds that the marriage is not recognised by the state where it took place.
I thought the remedial order we are awaiting following the Jackson case may get my client BSP as a co-habitee, but he has no kids. As far as I can see Jackson therefore does not help him.
Any ideas?
TIA

Daphne
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rightsnet writer / editor

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Total Posts: 3558

Joined: 14 March 2014

Yes as I understand it the change for co-habitees only applies for the higher rate of BSP where there are dependant children as the finding was that it’s discriminatory against the children.

So I don’t think it helps your client

Also in this case - https://www.rightsnet.org.uk/welfare-rights/caselaw/item/meaning-of-spouse-under-widowed-parents-allowance-rules - WPA wasn’t allowed when marriage wasn’t recognised

[ Edited: 13 Sep 2022 at 02:17 pm by Daphne ]