Unmarried woman wins fight to be treated as widow
THE UK Government is facing calls to change the law on bereavement benefits after a Supreme Court victory for an unmarried mother-of-four.
The landmark ruling is expected to have far-reaching ramifications; allowing people across the UK to apply for similar payments.
Siobhan Mclaughlin, 46, from Armoy, County Antrim, in Northern Ireland, was refused the benefit after her partner of 23 years John Adams died from cancer in January 2014 because the couple were not married or in a civil partnership. But, by a majority of four justices to one, the Supreme Court ruled that the current law on the allowance was “incompatible” with human rights legislation.
Giving the lead judgment, the court’s President Lady Hale said the couple’s children “should not suffer this disadvantage” because their parents chose not to marry.
Ms Mclaughlin said: “For me, this case was always about the rights of bereaved children. I am so delighted that the Supreme Court shared our view that the law as it stands has discriminated against my children.
“I hope that my taking and succeeding with this challenge gives others both confidence and courage to continue to challenge the unfairness and inequalities in our laws in Northern Ireland and throughout the UK,” she added.
Campaigners urged the Government to update the law to accommodate cohabiting couples who choose not to marry.
Alison Penny, director of the Childhood Bereavement Network, said the current rules affect an estimated 2,000 families every year.
She added: “We urge Parliament to amend the relevant legislation as quickly as possible, and to clarify the position for those parents who were previously deemed ineligible because of their marital status.
“We pay tribute to Siobhan for having the courage to bring this test case.”
Louisa Mcgeehan, Child Poverty Action Group’s director of policy, said: “The Government must now move swiftly to apply the principle and ensure that all children who experience the death of a parent are supported financially on the same basis as children whose parents are married.”
Last night a Department for Work and Pensions spokesman said: “We will consider the court’s ruling carefully.”