Background reading on the Remedial Order
A quick summary about the Remedial Order and why it is necessary
In August 2018, the Supreme Court ruled in favour of mother-of-four Siobhan McLaughlin, who had appealed her ineligibility to Widowed Parent's Allowance. She had been with her partner for 23 years before he died. Read our joint statement with the Child Poverty Action Group (CPAG) here. We intervened in Siobhan McLaughlin's case, and our submissions can be read here. We were able to intervene after receiving pro bono support from specialist public lawyers at national law firm Irwin Mitchell and human rights barrister Stephen Broach from Monckton Chambers.
In February 2020, the High Court ruled in favour of two fathers and their children, who had been denied Bereavement Support Payment because they were not married to the children's mothers. Our Director gave a witness statement to the Court. Read our joint statement with CPAG here.
The Government has announced it will not appeal this judgment. We are urging the Government to bring forward legislation to amend the eligibility rules as quickly as possible.
Changes to bereavement benefits from April 2017
We are concerned about the impact of the government's replacement of Bereavement Payment and Widowed Parents' Allowance with the new Bereavement Support Payment from 6 April 2017.
We estimate these changes will mean that 91% of newly widowed parents are supported for a shorter time, and 75% are worse off than they would have been under the old scheme. A minority of widowed parents will be better off than under the old scheme, as BSP won't be taken into account for calculating entitlement to means-tested benefits.
If you want to take action about these changes, read our guide to meeting your MP.
We've been leading a coalition of organisations concerned about these changes. Read our latest briefing.
We've joined the Life Matters taskforce to think about solutions and recommendations on how the nation could better support bereaved parents, partners, and children both financially and emotionally. Read our news release or watch our film below.
What about families who are worried about the impact?
Although we can make clear statements about how the changes will affect groups of widowed parents, it is almost impossible to predict the impact on a specific individual family, and to work out whether they would be worse off under the old or new scheme of bereavement benefits.
For parents who are terminally ill and worried about the future of their family, it is important to make sure they are claiming all the benefits they are currently entitled to. There is a good guide here, with specific information for people whose death ‘can reasonably be expected’ in the next six months.
People can’t currently claim bereavement benefits if they weren’t married to their partner, so it makes sense for unmarried couples to seek advice about how they can make sure their family is supported post-bereavement. You can find an adviser here.
The Plan If website has more suggestions for parents of things they might want to put in place in case they die before their children grow up.
Funeral costs are rising faster than inflation. Concerned about the impact on children in families forced into poverty through funeral expenses, we have joined the Funeral Poverty Alliance. Read more here.