Bereavement Support Payment - Declined

Steph8734

My co-habiting partner died 5th May 2017.  I have been declined and payment due to : 'This is because when your partner died, you were not entitled to Child Benefit in your name'.

This was only because he earned over 50k so we didn't get the benefit, I was not working and had 2 children both in education.  

When I phone and complain I get told, write back and argue it?
Has anyone managed to overrule this decision?  If so, how did you do this?

Thanks

kaMelo

Steph8734 said:

My co-habiting partner died 5th May 2017.  I have been declined and payment due to : 'This is because when your partner died, you were not entitled to Child Benefit in your name'.

This was only because he earned over 50k so we didn't get the benefit, I was not working and had 2 children both in education.  

When I phone and complain I get told, write back and argue it?
Has anyone managed to overrule this decision?  If so, how did you do this?

Thanks

That is not correct. Someone may have to pay some/all of the child benefit back due to their earnings but this is a completely separate issue to whether someone qualifies for child benefit in the first place.
If your partner died after 5th April 2017 the child benefit qualifier is that you were either claiming child benefit, eligible to claim child benefit or pregnant at that time..

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

Assuming you meet all other eligibility conditions get in touch and point out why they're wrong.

sheramber

Did you register for child benefit but decline payment due to high income

or

Did you not register at all?

The latter may be  the problem as there will be no record for your children with the Child Bnefit Office.

ArnoldLayneMBE

@Steph8734

I lodged an appeal and won the first stage tribunal (I was not claiming child benefit at the time of my partners death for the same reason as you/your husband...I was on over 50K).

Get an appeal in quick, labour the fact that you were entitled to it in your name before his death and also afterwards, you just hadn't claimed it.

Make the distinction between entitled to receive child benefit (which you were) and entitled to payments. The first is the commonsense interpretation of "entitled to" but also the one as per the relevant legislation.... The Child Benefit Act, section 141 of the Social Security Contributions and Benefits Act 1992, and Regulation 4 of The Bereavement Support Payment Regulations 2017. 

DWP will seek to reference the Social Security Administration Act 1992 in seeking to clarify/define “entitled”, tell them to gtf as that isn't relevant (it relates to entitled to receive payments not general entitlement, and isn't used as the definition in the former more relevant acts).

Currently having lost the first stage tribunal conclusively, DWP have requested a statement of reasons from the judge, they've received that and I'm waiting to hear if they will appeal that decision or implement it.

Happy to discuss further  

Steph8734

Thank you everyone for the information.  Letter has been sent in regards to the appeal and I a wait the outcome.