Government scheme blocking bereavement payments for unmarried parents ruled unlawful

Campaigners herald decision that ‘rights an injustice’

The High Court ruled a bereavement scheme breached human rights law (iStock)

A government scheme that bars unmarried parents living together from financial support if one of them dies breaches human rights law, a court has ruled.

The High Court said that it was “discrimination” to determine a person’s eligibility for the payment based on their marital status.

The judge said there was “manifestly no reasonable justification whatsoever” for a bereaved parent to qualify for a maximum of £5,500 if they were married or in a civil partnership with the other parent who died, but not if they lived with them.

“The impact of the death upon the child or children, and the financial and other needs of the children, are precisely the same,” Mr Justice Holman said.

Alison Penny, director of the Childhood Bereavement Network, said the group was “delighted” with the decision.

“Parents make the same National Insurance contributions whether they are married or cohabiting,” she said. “At the moment, if one of them dies, their contributions only entitle their partner and children to bereavement support if the couple were married.”

She said Friday’s ruling “rights this injustice”.

Under the current system, the Bereavement Support Payment – available for those whose husband, wife or civil partner has died – is available at a higher rate to a bereaved person with a child.

Carla Clarke, a solicitor for the Child Poverty Action Group who represented the two fathers who challenged this scheme in court, called the ruling “clear and strong”.

“It recognises that the needs of grieving children are no less for the fact that their parents did not marry,” she said, “and confirms that restricting higher rate bereavement payments to spouses is unlawful and discriminates against children with unmarried parents.”

The charity estimated that the current system denies thousands of pounds to around 2,000 families every year.

A spokesperson for the Department for Work and Pensions said: “We will be considering the judgment very carefully.”