Discussion archive

Top Other benefits topic #1189

Subject: "Bereavement Benefits - inequality between married and LTAHAW" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

Bereavement Benefits - inequality between married and LTAHAW
Wed 21-Feb-07 09:44 AM

Is there anything in the pipeline (benefit-wise) about the unequal treatment of cohabitees on the death of their partner?

Bereavement benefits possibly payable if you were married or a gay couple but not for cohabitees. In Scotland they would be considered married 'by cohabitation with habit and repute' (what a brilliant phrase eh?).

I'm looking at benefits for a male client whose female partner recently died and have got my mithering head on again as in "s'not fair".

Sue

  

Top      

Replies to this topic
RE: Bereavement Benefits - inequality between married and LTAHAW, Tony Bowman, 22nd Feb 2007, #1
RE: Bereavement Benefits - inequality between married and LTAHAW, suelees, 22nd Feb 2007, #2
      RE: Bereavement Benefits - inequality between married and LTAHAW, Tony Bowman, 22nd Feb 2007, #3
RE: Bereavement Benefits - inequality between married and LTAHAW, loliver, 23rd Feb 2007, #4
RE: Bereavement Benefits - inequality between married and LTAHAW, suelees, 23rd Feb 2007, #5
      RE: Bereavement Benefits - inequality between married and LTAHAW, nevip, 23rd Feb 2007, #6
           RE: Bereavement Benefits - inequality between married and LTAHAW, suelees, 23rd Feb 2007, #7
                RE: Bereavement Benefits - inequality between married and LTAHAW, nevip, 23rd Feb 2007, #8
                RE: Bereavement Benefits - inequality between married and LTAHAW, Tony Bowman, 23rd Feb 2007, #9
                     RE: Bereavement Benefits - inequality between married and LTAHAW, suelees, 23rd Feb 2007, #10
                          RE: Bereavement Benefits - inequality between married and LTAHAW, Tony Bowman, 23rd Feb 2007, #11
                               RE: Bereavement Benefits - inequality between married and LTAHAW, nevip, 26th Feb 2007, #12
                                    RE: Bereavement Benefits - inequality between married and LTAHAW, Tony Bowman, 26th Feb 2007, #13
                                         RE: Bereavement Benefits - inequality between married and LTAHAW, nevip, 26th Feb 2007, #14

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Thu 22-Feb-07 02:04 PM

this doesn't help, but gay/lesbian couples are only covered if they have a registered civil partnership.

So two gay people living together in an informal union, would be in exactly the same position as your client, which means there's no unequal treatment; except perhaps in Scotland where (as far as I know - but I no nothing about Scots law!!) gay/lesbian couples can't be ''civil partners' by habit and repute' and so would be treated less favourably than unmarried heterosexual partners.

  

Top      

suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Thu 22-Feb-07 03:05 PM

I meant nothing by it Tony and am mortified if it came across as such. I know it's only relevant to those in civil partnership. I just meant it's unequal for those (gay, hetero, bi...) who choose to live together instead of 'tyin t'knot'.

  

Top      

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Thu 22-Feb-07 04:46 PM

Oh dear Sue... I'm sorry if I came across as being accusatory - totally unintended.

I did believe you had misunderstood BB's and civil partners - but not in a way that should leave you "mortified" - honestly...

You're right though, it is unfair, especially for hetero couples who can't have a civil partnerships or don't want any religious involvement (marriage of course having a religious background).

  

Top      

loliver
                              

welfare rights officer, glasgow city council swd
Member since
22nd Jul 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 10:07 AM

Though this won't help your query i thought i'd say something about "habit and repute" in Scotland. A determination that a couple are in an irregular Marriage by "habit and repute" is difficult to obtain and from the beginning of this year, for newly co-habiting couples, impossible, as the Scottish parliament decided to close the right to this determination.

"Habit and repute" needs a couple to demonstrate that they are, but for lack of clergy as it were, actually married. So that couples who could not legally marry for whatever reason, even if they were together for decades could not get such a declaration. Likewise couples who knew they were free to marry but chose not to would have difficulty getting a declaration.

There are a number of commissioners decisions on the subject.


  

Top      

suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 10:10 AM

It's like a different country!

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 10:12 AM

They would have had no problem under the Klingon Statutes!

  

Top      

suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 10:33 AM

I'm not very au fait with the Statutes but do have the very basics of the language. In fact only this morning after my eighth time listening to "..we can't take your call at the moment..." from Debt Management I inadvertently shouted out "Hab SoS1H Quch" (your mother has a smooth forehead)

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 10:57 AM

The mother of all insults for a Klingon. Does't that warrant a duel to the death or something similar, like forced attendance at the annual Labour Party conference?

  

Top      

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 11:50 AM

Fell off my chair laughing!!! Nice1 Sue...

  

Top      

suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 01:16 PM

Now you know how to deal with your pent up frustration when dealing with various depts of DWP, Tony - just mumble a Qu'vathlh (Klingon curse). It works wonders!!

  

Top      

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Fri 23-Feb-07 01:57 PM

That's a thought...

Do you think Lursa and B'Etor (AKA the Duras sisters) are 'to be' reincarnations of George and Tony?

I've often found the Ferengi rules of acquisition to be quite a useful reference concerning the DWP. For example:

Rule 51: Never admit to a mistake if there's someone else to blame;

Rule 145: A lie is a way to tell the truth to someone who doesn't know;

Rule 179. Learn the customer's weaknesses so you can better take advantage of him;

Rule 283; Rules are always subject to change and/or interpretation.



Star Trek has a lot to answer for...

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Mon 26-Feb-07 09:42 AM

You mean like, er...dilithium crystals? Gold pressed latinum? Counsellor Troy? I'll get my coat!

  

Top      

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Mon 26-Feb-07 10:11 AM

I was thinking more like hypo-sprays (in real use now) and PAD's (Personal Access Devices) which we call '3G mobile technology'. There have been loads of Star Trek related inventions, most recently, transparent Aluminium is in developement (The Voyage Home).

If only they could give us social security...

Oh, and don't forget Tasha Yar - never mind your coat!

  

Top      

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Bereavement Benefits - inequality between married and LTAHAW
Mon 26-Feb-07 10:22 AM

Lol! I was thinking of her also but didn't know how to spell her name.

I would have said Tasha Yaaaaaaaaaar!!

  

Top      

Top Other benefits topic #1189First topic | Last topic