Bereavement benefits extended to cohabiting parents
Following the Supreme Court decision in McLaughlin v SSWP [2018] UKSC 48 and the High Court decision in Jackson & Orrs v SSWP [2020] EWHC 183, the Government has altered the law to allow bereaved cohabiting parents to claim bereavement benefits.
The deadline to claim this backdated entitlement ends on 9 February 2024.
What does this mean?
The changes to the eligibility criteria mean that cohabiting parents and carers whose partner dies from 9 February 2023 will be able to make a claim for Bereavement Support Payment if they meet the other eligibility criteria. We expect around 1,800 more families to be able to make a claim each year.
Around 21,000 families will also be able to make retrospective claims. Because the eligibility criteria were found to be unlawful on 30 August 2018, the Government will also make retrospective payments back to that point to those who had missed out because they were not married or in a civil partnership. Some of these families will have been bereaved as long ago as 2001.
What you should know about making a retrospective claim
You will have until 9 February 2024 to put in a retrospective claim and get the full amount you are entitled to. Make sure you have the advice and information you need about how a retrospective payment might affect previous and future tax, tax credits and benefits before you put in a claim.
Find out more from The Childhood Bereavement Network website.