Still waiting on backdated widowed parents allowance

Dorothys_slipper

Hello. My partner died in 2004. I have been told he paid enough National Insurance contributions and as my daughter was only two, I still received child benefit when the law changed. When the law changed I was not married and not living with anyone new. However, 10 years ago I lived with someone new for 2 years. This seems to be the loophole. No one seems to know if I'm entitled to anything. I've been waiting for almost 8 months. Would anyone have any advice please? 

Alice_Holt

Dorothys_slipper said:

Hello. My partner died in 2004. I have been told he paid enough National Insurance contributions and as my daughter was only two, I still received child benefit when the law changed. When the law changed I was not married and not living with anyone new. However, 10 years ago I lived with someone new for 2 years. This seems to be the loophole. No one seems to know if I'm entitled to anything. I've been waiting for almost 8 months. Would anyone have any advice please? 

       Given that 8 months is an unreasonable time to wait for a DWP decision on entitlement, I'd suggest:
 i)  Asking your MP to intervene with the DWP,
ii)  Contacting your local advice charity with full details, chronology, etc to  get their view on eligibility.

Edit: I see this is a repeat of advice given on 7th March.

I'd chase up your MP again.

peteuk

You might need to provide more info….

Your partner died in 2004 (where you married?) 
2014 you lived with someone for two years (2014-16) 
What was your situation August 2018? 

Taken from the government website.

To qualify, claimants must have met the eligibility criteria for either Bereavement Support Payment or Widowed Parent’s Allowance on or after 30 August 2018.

This means those who lost their partner before 6 April 2017 might be able to receive the legacy benefit Widowed Parent’s Allowance, should they be found to have been eligible for this on 30 August 2018.

The question would be does the 2 yr relationship mean you cant claim because your weren’t eligible after that point. Sadly regardless of the situation you have to be eligible on 30 August 2018, hence the above question as to what your situation on 30 Aug 2018?

Dorothys_slipper

Thanks for your comments. I've chased it up with my MP. I lived with someone over 10 years ago. I was not living with anyone in 2018. I was not married to my daughter's dad (who passed away). It just seems so confusing because backdated payments are only made from 2018 (meaning all the years that my partner had died from 2004 do not count), yet they are saying that living with someone new for 2 years over 10 years ago could potentially invalid my claim. It seems very confusing. They seem to keep changing the rules to exclude people. Why bother letting people claim for back dated payments as far as 2001? 

rdh1234

any news on your back payment yet ?

Dorothys_slipper

I rang again. Apparently, after waiting 9 months, they have decided I am not entitled. The rules changed in 2017, meaning I would only be entitled for a few years because my daughter turned 18. However because o lived with someone 14 years ago it has voided my claim. They could have told me that 9 months ago. Surely I am judged from 2017 from when the law changed? Still widowed and on my own. 

sheramber

You are in the same position if you had been married and recived the benefit at the time.

When you started living with someone else the payments would stop. They would not restart when you stopped licing woth them.

If the gave you the back dated payments then you would be gettng something that a married partner who was bereaved would not get.

The law is  putting you in the same position as a  previously married widow.

poppy12345

Dorothys_slipper said:

I rang again. Apparently, after waiting 9 months, they have decided I am not entitled. The rules changed in 2017, meaning I would only be entitled for a few years because my daughter turned 18. However because o lived with someone 14 years ago it has voided my claim. They could have told me that 9 months ago. Surely I am judged from 2017 from when the law changed? Still widowed and on my own. 

Surely you knew you wouldn't be entitled based on all the advice you've received here. 

Dorothys_slipper

Why did they leave me waiting 9 months? I wasn't entitled to anything because I wasn't married. The law changed and because I got married (which was annulled 14 years ago) I'm not entitled again. Why encourage back dated claims? It just seems like a cruel game. 

Dorothys_slipper

sheramber said:

You are in the same position if you had been married and recived the benefit at the time.

When you started living with someone else the payments would stop. They would not restart when you stopped licing woth them.

If the gave you the back dated payments then you would be gettng something that a married partner who was bereaved would not get.

The law is  putting you in the same position as a  previously married widow.

But I'm not in the same position because I didn't receive anything the first time. It would have been fairer to only honour claims going forward. Why allow claims from losing a partner as far back as 2001, only pay out from 2017 but judge you on anything from before this time? I am a widowed parent and my daughter is still without a father. 

Dorothys_slipper

poppy12345 said:

Dorothys_slipper said:

I rang again. Apparently, after waiting 9 months, they have decided I am not entitled. The rules changed in 2017, meaning I would only be entitled for a few years because my daughter turned 18. However because o lived with someone 14 years ago it has voided my claim. They could have told me that 9 months ago. Surely I am judged from 2017 from when the law changed? Still widowed and on my own. 

Surely you knew you wouldn't be entitled based on all the advice you've received here. 

They have taken 9 months to make a decision. Why not say no 9 months ago.