bereavement support and discriminatory contribution conditions?

I have a client who has been refused BSP as her late husband hadnt worked since 1972 following a non work related accident, so hasnt satisfied contribution condition

She has lodged an appeal, stating it is discriminatory to deny this as it wasnt his fault he couldnt work/pay NI due to his disability

i know a northern ireland case has covered this, and is currently being challenged by DWP, however as far as i understand the decision from there isnt binding over here?

she wants the decision revised based upon the NI case or stayed until DWP challenge sorted either way.

not sure if HMCTS will do either due to decision not binding here

thoughts??