Guide discussion: Bereavement Support Payments

Former_MSE_Amalia

This is the place to discuss our new guide on Bereavement Support Payments. 

We'd love to hear your thoughts, personal experiences, and general feedback. 

If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.'

Katie_B5291619

Hi - I applied for the bereavement support payment on behalf of my Dad, as my Mum passed away in February this year. They were living as married, both under state pension age and had two children over the age of 20. From the advice on MSE I thought we would be eligible, but our application was rejected as Dad was not in receipt of child benefit. Is this correct, or should I call to query? 

sheramber

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

If you were living together as though you were married with the person who died

You may be able to get Bereavement Support Payment if your partner died on or after 6 April 2017.

You must have been:

• under State Pension age when your partner died
• under State Pension age on 30 August 2018

When your partner died, you must have been either:

• getting or entitled to Child Benefit
• pregnant

Children over 20 will not count for anything.

Goldiemum

Hi, My partner died aged 50 in 2011 when our son was 8 years old. I have just seen that  I could make a back dated claim for widowed parent payment. My partner was self employed and paid NI. 
I received working tax credits and child tax credits in the years after my partner died until my son was 17. Is it still worth making a claim as I suppose they will just change my tax credits entitlement to counteract the increase in income if I claim, if that makes sense.? 

sheramber

According to this site it will only be counted in the year the back payment is made.  It will not affect previous years

 https://childhoodbereavementnetwork.org.uk/cohabiting#:~:text=On 24 and 25 January,Court and Supreme Court rulings.

moocoo

I followed the article and ticked all the criteria to make a retrospective claim; partner died in 2008 and eldest (of three) child was 12.  
I received a response that they cannot pay "because your child benefit entitlement ended before 30 August 2018".
This is not a requirement mentioned in the article or anywhere else I can easily find.

Either it isn't right, so I will challenge them, or it is and the MSE team need to double check and update the article.

**update:
I think it is the way the article is written and, having looked at a few other FAQs I am now re-interpreting the content, namely that payments will be made retrospectively for anything due from DWP after 31/8/2018.  So, it isn't the date of your partner's death that really matters, but the age of your children who might qualify for child benefit at the date of your partners death.

So in my case, I now read this as child benefit ceased for my kids around 2014-2016 so nothing for DWP to pay me as I got no benefits for the children in 2018.

Like most benefits and amendments ... clear as mud!!

sheramber

The Remedial Order was only retrospective to 31 August 2018 so the eligibility had to apply at that date and not the date of death.

The guidance wasn't clear on this and it was interpreted as at date of death.

Gasmeter62

A friend of mine died leaving his partner with 3 children aged 8,10,11 in 2004. She was receiving child benefit for the 3 children but was refused any other benefits due to them not being married at that time? She tried to claim for these back dated payments but was told she wasn't entitled, due to the fact she co-habited 5 years later and subsequently married in 2010 her new partner? How can this discrimination on 2 occasions be fair? I don't understand the logic and purpose of this ruling, who is it meant to be helping?

sheramber

Because the remedial order was drafted to exclude those who cohabited  before 2018. 

You could forward your complaint to your MP.

kaMelo

Gasmeter62 said:

A friend of mine died leaving his partner with 3 children aged 8,10,11 in 2004. She was receiving child benefit for the 3 children but was refused any other benefits due to them not being married at that time? She tried to claim for these back dated payments but was told she wasn't entitled, due to the fact she co-habited 5 years later and subsequently married in 2010 her new partner? How can this discrimination on 2 occasions be fair? I don't understand the logic and purpose of this ruling, who is it meant to be helping?

The marriage in 2010 would end any entitlement to bereavement support, that's always been the case and applies to everyone.

Prior to 2018 the law required people to be married or in a civil partnership, the law change cannot apply retrospectively.

Gasmeter62

So this ruling is to only recompense people who have stayed a like widower all the rest of there life? How discriminatory and ridiculous is that? Surely the ruling is meant to right the wrong in the first instance????