Bereavement Benefit - (wording error on all websites re. eligibility)

tomw3uk

My wife and I have been trying to sort her mothers finances after her father passed away and have been told by the Dept. Works and Pensions they she is not eligible for the bereavement benefit even though according to ALL websites she is! (even this one)

My wife has sent this email to our local MP and The Rt Hon Iain Duncan Smith, can anyone please let me know if you have had this problem before or advise if it's worth contesting this?


Dear Mr Tredinnick and Mr Duncan Smith,

I am writing to ask for your help on an issue with the Bereavement Benefit. My father passed away and we contacted the Department of Works and Pensions to arrange Bereavement Allowance and Benefit for my mother.

We made this contact promptly after my fathers passing as we thought the £2000 would help towards the funeral. I was informed by The Department of Works and Pensions (Burnley Office) that my mother was not eligible for this even thought the wording on all websites I have viewed state that she is. The websites all show that one of the following must be true; the spouse or partner were not eligible for Category A State Pension (-not true in our case) OR you are under state pension age when they die (true)

The Department of Works and Pensions do not uphold this and have said that this is not correct. I have copied below links for various websites that state we absolutely should be able to receive this.

I can't include the links as I'm a new user

.GOV Website

NHS Choices

Job Centre Plus PDF (Page 6)

Turn2Us

Age UK PDF (Page 28)

Citizen Advise Bureau


How can all of these be incorrect?

I would like you advise on this matter and how I can challenge this decision as soon as possible please. I will be writing to apply for this for my mother now, (we made the initial request on the telephone) and I will be including documents to support from each website above with the 'incorrect' information on.

I would like your support on this matter if possible and also your advise how I can proceed with this matter. The Department of Works and Pensions have informed me that they do not have a complaints departments with who I can escalate this matter with, hence my email to you.

I will anticipate your reply.

Kind regards,

themull1

What reason did they give for not awarding benefit?

bossymoo

This is from gov.uk:


3. Eligibility
You may be able to claim Bereavement Payment if your spouse or civil partner paid National Insurance Contributions (NICs). Contact the Bereavement Service for more information.

If your spouse or partner’s death was caused by their job, it doesn’t matter if they paid NICs or not.

One of the following must also be true:

you were under State Pension age when they died
your spouse or civil partner was not entitled to Category A State Retirement Pension when they died

I read it as either your father wasn't entitled to pension or your mother was under the state pension age at the date of death. Is that what you mean? Which are they saying is incorrect?

tomw3uk

themull1 wrote: »

What reason did they give for not awarding benefit?

Because the father (who has died) wasn't under pension age.
They said that is has nothing to do with the mothers age even though this is what all websites say. They also cannot provide me with a link to the 'correct' eligibility information that they are stating over the phone.

tomw3uk

bossymoo wrote: »

This is from gov.uk:


3. Eligibility
You may be able to claim Bereavement Payment if your spouse or civil partner paid National Insurance Contributions (NICs). Contact the Bereavement Service for more information.

If your spouse or partner’s death was caused by their job, it doesn’t matter if they paid NICs or not.

One of the following must also be true:

you were under State Pension age when they died
your spouse or civil partner was not entitled to Category A State Retirement Pension when they died

I read it as either your father wasn't entitled to pension or your mother was under the state pension age at the date of death. Is that what you mean? Which are they saying is incorrect?

Yes, if what is stated on this is correct then the mother would be entitled to this as she is 59 (the deceased husband was 65 in Feb). I cannot find anything to support what I have been told by Dept of Works and Pensions on the phone anywhere online, and we can't compain!!

p00hsticks

As themull1 says, what reason did they give for refusing ? This is a really critical point that should have been included in the letter ... <edit> I see you've posted a reply to this while I was typing..... <end edit>

One criteria other than the page of your parents is that your father has to have made sufficient NI contributions - could this be the sticking point ?

https://www.gov.uk/bereavement-payment/eligibility

bossymoo

I'd be tempted to call back and speak to someone else, to be honest. It does infer that providing your mother is younger than state pension age, and he paid enough NIC, she would be eligible for the help.

There is also bereavement allowance, worth looking into that one too.

When my husband died I called to cancel his DLA and the gent I spoke to sorted it all out in the one call.

tomw3uk

Yes full NI contributions were made. They said the reason for refusal was that the deceased wasn't under pension age.

tomw3uk

We have spoken to 2 offices now and both said the same! They input the details into a computer and that gives them the answer. Very frustrating that everything online is incorrect.

princessdon

Here is the DWP guidelines

http://www.dwp.gov.uk/docs/np-45.pdf


It supports what you believe is correct

bossymoo

Wow. I'm with you on the frustration, there. I've looked at CAB and the result is the same. If she is under state pension age then providing he paid enough NIC his age and state pension eligibility is irrelevant.

Don't know what else to suggest, sorry.