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appeal or not?

dizzymare
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Welfare benefits adviser - Dudley MBC

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“Employment Minister Mims Davies has confirmed that the government is to issue a Remedial Order extending entitlement to widowed parent’s allowance and bereavement support payment to cohabiting couples with children” July 2020

Hi, I have a case of a bereaved unmarried lady who has children, and was cohabiting for many years prior to partners death. We made a claim for bereavement support (which was refused) and registered M recon (as advised on CPAG test case page) In July, the minister announced that a remedial order would be issued but nothing has happened yet to my knowledge. Recon decision still no award.  Is it best still to lodge an appeal, or do people think this is unnecessary given the situation is be rectified (sometime in the dim and distant future….), and will there be yet another ‘trawl’ to identify claimants? thank youl

Daphne
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I would register an appeal to protect your client as we don’t know yet what the remedial order will say - you need to protect that date of claim

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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Is there any update on this?

Thanks

Daphne
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Not that I’m aware of…

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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No, that’s what I thought… just checking in case I’d missed anything. Thanks

Daphne
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Written answer yesterday confirms that -

We are considering the judgement and will bring forward necessary Orders in due course.

Daphne
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At the stakeholder meeting last week I asked for an update on when the remedial order might be forthcoming - the response was probably 2022!!!

Jess at CPAG has highlighted to me that there is now a new JR template on BSP gatekeeping for co-habitees

Daphne
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Secretary of State has confirmed in evidence session before Work and Pensions Committee today that remedial order will be laid before summer recess - https://parliamentlive.tv/event/index/7eabbf11-8486-484c-a107-1b4ee8945f96?in=11:10:55&out=11:11:18

Stuart
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DWP has confirmed it is laying the draft remedial order today -

Today, Baroness Stedman-Scott will set out plans to extend bereavement support to cohabiting couples with children.

Under these plans, widowed parent’s allowance and bereavement support payments will be extended to surviving cohabiting partners with children who were living with their partner at the time of death.

https://www.gov.uk/government/news/cohabiting-couples-to-benefit-from-changes-to-bereavement-benefit-rules