can anyone help with widowers pension query

gmfc1874

Widowers/widows Pension


I have a case I am trying to win against the Department of work and pensions (which may need to go to the European court) but crucially maybe not. I am looking for a solicitor who can take on my case if anyone can possibly help me.

My late wife passed away in November 1998 and I couldn’t apply for a widower’s pension as this did not exist in 1998 as only women were allowed a widows pension. I have since found out a ruling in the European courts in 2005 advised this was now unlawful and men who's wife had passed away in 1998 were able to now apply for the pension and this meant that I could now apply but the dept of work and pensions had put a deadline for applications for a widowers pension of November 2005 which was not advertised in the media at the time and that I had no clue about, they also never contacted me at this time to advise I might now be able to apply (which was shocking in the extreme). I now have had a final answer in writing from the dept of work and pensions stating that I was not entitled either in 1998 or indeed 2005 in fact not entitled to a Widows/widowers pension at any time even if I had applied at the correct time/s. I believe now that they have issued this final written answer they are breaking European human rights law.

As you will appreciate the case has somewhat more to it than I can put down here and I wonder if anyone could help with advice or recomend a solicitor who would be interested in taking up the case on my behalf as it seems to me a case which can definitely be won as its quite clear they are breaking European law. Unfortunately I am on quite a low wage and I don’t know if I would be entitled to help with costs etc as I couldn’t afford to pay for any fees in advance CAN ANYONE PLEASE HELP ME.

Here is a quick summary of the ruling I have since found on the bbc website.
(Citizens Advice is alerting men whose wives died before 9 April 2001 that they may be able to claim Widow's Benefit or Widowed Mother's Allowance following a European Court of Human Rights ruling. But they must act quickly. The deadline for claims is only three weeks away. Citizens Advice is urging widowers to visit their local Jobcentre Plus office, who will advise them on eligibility. Men who find they are eligible must make a claim by 4 November 2005. Before 2001 Widow's Benefit or Widowed Mother's Allowance was only available to women. The European Court of Human Rights has now decided that it was discriminatory for men to be denied these benefits. Men whose wives died before 9 April 2001 may now be eligible for a settlement if they tried to claim Widow's Benefit or Widowed Mother's Allowance at the time of their wife's death. Men who have not previously made a claim can do so, but will need to give written details of why they think they have a legitimate claim and why their claim is late).

Any help or advice would be greatly appreciated thanks for taking the time to read the post.

McKneff

You really would be better going to a high street solicitor and asking for a free half hour session.

I think its too complicated for a general public forum.

Good Luck

bunny999

Did they they give you a reason for turning down your claim ? Had your wife paid enough NI conts for you to qualify ? Were you claiming state retirement pension at the time she died ?

A high street solicitor is likely to know less than zilch about benefits.

gmfc1874

Hi Mckneff,

thanks for your post and taking the time to reply, problem i have is I cant seem to find a solicitor willing to take the case or even give me a sit down half hour.

Thanks again anyway

gmfc1874

hi bunny999,

i am not at retirement age yet luckily few years to go. think you misunderstand its would be a pension any female in uk automatically got when their husband passed away, unfortunately men didnt have the same benefit until 2005 because of the european ruling think it used to be called widows allowance now called bereavment allowance. as i say more to it than i can put on here, just trying to find a solicitor who will look at the case for me. Thanks again

Thanks for taking the time to look

bunny999

gmfc1874 wrote: »

hi bunny999,

i am not at retirement age yet luckily few years to go. think you misunderstand its would be a pension any female in uk automatically got when their husband passed away, unfortunately men didnt have the same benefit until 2005 because of the european ruling think it used to be called widows allowance now called bereavment allowance. as i say more to it than i can put on here, just trying to find a solicitor who will look at the case for me. Thanks again

Thanks for taking the time to look

This isn't strictly speaking correct, like any other benefit there have always been qualifying criteria eg. you have to be legally married, the spouse will have to have paid enough NI cont, etc. There have also been different payouts according to age and to those with/ without dependent children. The rules as to who get what have varied over the years. What you need to do is find out on what grounds your claim was refused and what qualifying criteria were at the time of your wife's death.

Many years ago I worked for the DHSS and on more than one occasion had to tell a widow that thay weren't entitled to any benefit or only entitled to a reduced rate benefit.

gmfc1874

Thanks Bunny i'll see if i can get a solicitor to look over the case maybe even citizens advice as i have extensive paperwork regarding the case.

Many many thanks