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Bereavement Support for cohabitees

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Paul Stockton
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Epping Forest CAB

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The actual draft order hasn’t been laid yet. All we’ve had so far is the proposed draft order. Parliament is about to go into recess so the earliest date the order could be laid is when Parliament comes back on 5 September. The order has to be debated and approved by both Houses of Parliament but there has to be at least 60 days before the order is debated. Periods when Parliament isn’t sitting doesn’t count towards the 60 days so realistically it’s highly unlikely we’ll get the order this year.

Pippa
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Swansea Welfare Rights Unit

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Should we be advising people to make the claim and be refused then MR and wait….
Or does the fact that it states claims will be backdated from 30/08/2018 mean that when it comes in ( September 2022?) to then apply and not make any claim yet?

Paul Stockton
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Epping Forest CAB

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It seems to me (and earlier posts in this thread say the same) that there is no point in claiming until the draft order is approved by parliament and brought into force. Any claim can be backdated to 2018 and people will have 12 months from the order coming into force to make a claim, assuming the final version of the order says the same as the draft already proposed.

[ Edited: 26 Jul 2022 at 09:26 am by Paul Stockton ]
Ros
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editor, rightsnet.org.uk

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In a letter to the Work and Pensions Committee and the Joint Committee on Human Rights dated 22 July 2022 Baroness Stedman-Scott confirms that DWP officials are working through a number of ‘complex policy, drafting and implementation issues that require careful consideration’, and that therefore the government has not been in a position to lay the Order by the start of summer recess.

Paul Stockton
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The Minister’s letter is a fine collection of established excuses for why something that really should have been done years ago still hasn’t happened. Here are some of the phrases from the letter with what they really mean.

“As part of the process of finalising the Order, my officials are working through a
number of complex policy, drafting and implementation issues.” The civil service has plenty of people who have spent their careers sorting out exactly this kind of thing. If it’s taking a long time that’s an indication that it’s not a priority, not that it is unduly difficult.

“this issue remains an absolute priority for this department”  There are three levels of priority in government: in descending order: top, high, and absolute. Nothing is ever a low priority.

“my officials are working at pace…”  The phrase “at pace” means it’s not urgent, we don’t have a timetable for it, but we haven’t actually stopped work on it.

“... to lay the Order as soon after the return to Parliament as progress and parliamentary time
will allow.” The refence to “parliamentary time” is a red herring. The Order can be laid any time Parliament is sitting. Getting a slot for debates from the parliamentary business managers is only an issue once the 60 day consultation period is up.