I am dealing with a Client whose wife died aged 59 in 1998. She would have received a retirement pension of approximately £80 per week. My Client was under 65 at the time of his wife's death and has never claimed means tested benefits. He applied for a Widows Pension in November 2003 but was refused on 2 grounds. Firstly, that Widows Pension did not exist for men before April 9 2001 and secondly that the time limit for claiming benefit was before April 1997, 12 months from the date of death and after that date, 3 months after the death. He is therefore out of time. Am I correct in thinking that my Clients only possible recourse now is to the ECtHR in Strasbourg? Hooper appears to rule out the possibility of an extra-statutory payment. Any thoughts.
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