Family denied mum’s bereavement payout ..due to her disability

Appeal court rules widower & kids’ human rights ignored

THE family of a severely disabled woman were discriminated against by the refusal of bereavement payments after her death, the Court of Appeal ruled yesterday.

Senior judges found no justification for denying the benefit to Pauline O’donnell’s husband and children because she was never able to work and make National Insurance contributions.

They held provisions within the Pensions Act (Northern Ireland) 2015 are incompatible with human rights law.

Mrs O’donnell was diagnosed with Friedreich’s Ataxia, a progressive degenerative disorder, aged 12. She and Michael married in 1995 and had four children. In 2017 she died at aged 41 due to cardiac issues linked to her condition.

The Department for Communities declined Mr O’donnell’s application for Bereavement Support Payments.

After a tribunal, the case was referred to the Court of Appeal to determine if the Act contravenes with human rights legislation.

Lord Justice Stephens said: “The deceased, who as a result of disability could not work and could never meet the contribution condition, was treated in exactly the same way as an individual who could work and who could meet the contribution condition but did not do so.

“This means the appellant and his children have been treated in the same way as others whose situation was significantly different by reason of the disability of the deceased.

“The discrimination is by comparison to non-disabled persons.” The court held the Department failed to justify the similarity in treatment of those with and without severe disabilities, the court held.

Lord Justice Stephens described the contributory policy for those unable to work due to disability was “without reasonable foundation”.

With the current provisions found to be inadequate, he said the BSP contribution condition is to be treated as met if the deceased was unable to comply with the relevant section throughout working life due to disability.

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