Discussion archive

Top Other benefit issues topic #1731

Subject: "Human Rights - Bereavement Benefits" First topic | Last topic
Rachel Ellison
                              

Welfare Benefits Adviser/Legal Assistant, TMK Solicitors, Southend on Sea, Essex
Member since
24th Feb 2004

Human Rights - Bereavement Benefits
Mon 23-Jan-06 11:26 AM

Has anyone ever some across the issue of whether or not the Regulations stating that BB's cease when bereaved remarries/co-habits contradict Human Rights?
Any thoughts?
Thank you!

  

Top      

Replies to this topic
RE: Human Rights - Bereavement Benefits, Tony Bowman, 24th Jan 2006, #1
RE: Human Rights - Bereavement Benefits, Ian_Miller, 24th Jan 2006, #2
      RE: Human Rights - Bereavement Benefits, Rachel Ellison, 30th Jan 2006, #3

Tony Bowman
                              

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

RE: Human Rights - Bereavement Benefits
Tue 24-Jan-06 12:17 PM

Not me. Why do you ask?

  

Top      

Ian_Miller
                              

Welfare Rights Officer, Hull Social Services Welfare Rights, Pickering Cen
Member since
27th Feb 2004

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.

  

Top      

Rachel Ellison
                              

Welfare Benefits Adviser/Legal Assistant, TMK Solicitors, Southend on Sea, Essex
Member since
24th Feb 2004

RE: Human Rights - Bereavement Benefits
Mon 30-Jan-06 01:26 PM

Thanks for your responses. I don't have any arguments, it was only that a client mentioned it. My advice was that it did not breach Human Rights but it just got me wondering if anyone else had been asked! Thanks.

  

Top      

Top Other benefit issues topic #1731First topic | Last topic