Ian_Miller
Welfare Rights Officer, Hull Social Services Welfare Rights, Pickering Cen
Member since 27th Feb 2004
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RE: Human Rights - Bereavement Benefits
Tue 24-Jan-06 02:13 PM |
It seems unlikely to be honest. Which particular Article are you thinking of?
I can't see that Art 1 Protocol 1 would be breached directly and it is difficult to see where there would be any discrimination. Similarly Article 8. I suppose there might be some scope for indirect discrimnination if you can show that the rules unfairly prejudice men or women but, again, it is difiicult to see how that might happen.
The State is allowed a margin of appreciation I think is the term. Since the purpose of bereavement beneifts is to make up for the loss of a wage from one of a couple, it would seem to make sense to stop it when that wage is replaced by another spouse or partner.
I would be interested to hear what arguments you have.
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