Campaigners urge reform as bereaved children lose lifeline benefit because their parents were not married
Charity demands urgent law change after landmark ruling by judges states unmarried couples must not be denied bereavement payment
Bereaved families are being denied a lifeline child benefit because the UK Government will only make payments where parents were married, campaigners warn.
The Department for Work and Pensions continues to refuse to give the bereavement support payment to unmarried families, despite last month losing a landmark court case challenging that rule.
Currently, bereaved husbands, wives or civil partners may be eligible for a payment of up to £9,800 if claiming child benefit.
Campaigners say about 2,000 families a year, where parents were not married, lose out as a result. Unmarried couples now account for about a third of all families, according to the Office for National Statistics.
The High Court case was brought on behalf of the fathers of two bereaved families.
The judge, Mr Justice Holman, said there was “manifestly no reasonable justification” for giving the money to married couples or those in civil partnerships, but denying it to those who cohabited.
“The impact of the death upon the child or children, and the financial and other needs of the children, are precisely the same,” he said, adding: “The child cannot make the choice between marriage and cohabitation.”
Georgia Elms, campaign spokeswoman for the Widowed and Young charity, said: “We are delighted the High Court recognised last month that it is incompatible with human rights law to discriminate against children for a choice made by their parents. Many parents were simply unaware their decision not to get married would have such a devastating financial impact on their family if one of the couple happened to die.
“A considerable number of young widowed parents who join our charity tell us how utterly shocked they were to find out they weren’t eligible for bereavement support payments because they weren’t married.
“Several had been living with their partner for years and had several children together.
“Not only did they find it terribly insulting that their partnership was not recognised by the government when their loved one died, this also had a terrible impact on finances of the family members left behind.
“We have always believed it was unjust that cohabiting couples were not entitled to receive the same financial lifeline as married couples.”
She argued the snub was doubly unfair given that unmarried couples paid exactly the same amount into National Insurance contributions from which the benefit was drawn.
“We thank the High Court judges for listening to the concerns of widowed families when handing down this landmark judgment and we urge the government to take immediate action to amend the relevant legislation to make sure bereaved children across the UK get the financial support they are entitled to,” said Ms Elms.
Ian Murray, MP for Edinburgh South and Labour deputy leadership candidate, endured the loss of his own dad when he was only nine, and his brother 13. His mother was left to raise her two sons alone. She worked hard to ensure the family could survive financially, taking multiple jobs – as a cleaner, cook and bookmaker’s cashier. She received widow’s benefit.
The former Edinburgh councillor said: “This system is grossly unfair and a clear example of discrimination. Children have no influence over whether their parents are married or not, and it is cruel and inhumane to deprive some families of financial support when they most need it.
“Lots of couples don’t realise they would not be eligible for bereavement benefits, and unmarried partners are often in a worse position financially than those who were married.
“Children who have already suffered the trauma of losing a parent early in life do not deserve to pay the price for an outdated view of family life that is enshrined in the current benefits system.
“The courts have made it clear this is a human rights issue and, rather than appeal that verdict, the government should show some
‘ Outdated system is grossly unfair on children who have suffered a trauma
much-needed compassion and make this urgent change.”
Single-parent families charity Gingerbread said a third of children with a working single parent now lived in poverty, the highest figure in 20 years.
It cited low-paid or insecure jobs, combined with a lack of affordable childcare, as reasons why some single parents struggled to put food on the table for their children.
The Royal College of Paediatrics and Child Health (RCPCH) warned child poverty had increased for the third year running, with 4.1 million UK children, or nine in every classroom of 30, now classed as living in poverty.
In a survey of paediatricians, conducted by the RCPCH and Child Poverty Action Group, more than two-thirds said poverty and low income contributed “very much” to ill health among patients, and almost half believed its impact had worsened in recent years.
Unmarried couples without children are also at a disadvantage over bereavement support payments, say campaigners.
Non-parents may receive a payment, less than the sum where children are involved. However, they do not qualify if cohabiting but not married.
The Department for Work and Pensions said: “Losing a loved one is devastating and we are carefully considering the court judgments on cohabiting couples with children.”