Publications

NIHRC Submission to the Joint Committee for Human Rights on the Proposal for a draft Bereavement Benefits (Remedial) Order 2021

Date Published: September 2021

Below is a summary of our recommendations:

The Commission recommends that the DWP and DfC take steps to identify and notify eligible families and to ensure, by way of a public awareness campaign, that people are aware that the rules have changed and of how to apply.

The Commission recommends that for Siobhan McLaughlin, a full remedy is provided to her and the payment is retrospective from her partner’s death in January 2014.

Whilst the Commission welcomes the retrospective nature of the proposed Remedial Order, the JCHR should consider those families bereaved before 2018. In particular the JCHR might consider that retrospectivity from the date of the High Court judgment to be a more fair and just outcome for families who made their claims based on the judgment.

The JCHR may wish to recommend allowing early payments for families, particularly where there is a pressing financial need.

The Commission recommends that consideration is given to extending the benefit to co-habiting partners who do not have children, or to those whose children have reached majority.

The Commission recommends that the JCHR consider extending the benefit to all children, including those parents might be divorced or live apart, to ensure that children are not discriminated against on the basis of parental marital status.