Bereaved unmarried Parent and the pending judicial review in Northern Ireland
Childhood Bereavement have intervened - https://twitter.com/CBNtweets/status/990885684721455104 - their submission[ Edited: 30 Apr 2018 at 01:12 pm by Daphne ]
Appeal allowed - refusal of widowed parent’s allowance to unmarried partner is incompatible with article 14 of ECHR -
Here’s CPAG’s press release on the judgment -
And analysis from Tom Royston at Garden Court North who acted for CPAG -
How will this victory work for Bereavement Benefits Higher Amount for an unmarried couple with children? Living in England. Deceased partner died earlier this month. Should the surviving partner make a sort of protective claim pending any legal changes?
Thanks in advance
The Supreme Court says in Mclaughlin it does not follow that rules for bereavement support payment are incompatible (para 44), and any new arguments may be different - so you’re left to either wait for legislative changes that may or may not come about as a result of the declaration of incompatibility for widowed parent’s allowance, that may or may not incorporate broader changes to cover bereavement support payment (as CPAG and SSAC have called for), or, subject to any separate successful challenge for bereavement support, you could apply and appeal any refusal to test the point if your client is willing.
Briefing note from the Childhood Bereavement Network and CPAG on what the judgment means for affected parents now.
Ahead of a Westminster Hall debate tomorrow, the House of Commons Library has published a briefing on widowed parent’s allowance which looks at the McLaughlin judgment, the government’s response so far and the implications for claimants -