Widowed Parent’s Allowance

Jim Shannon Excerpts

Wednesday 23rd January 2019 Westminster Hall

[Liz Saville Roberts]

Indeed. It interests me that the Supreme Court judgment makes reference to article 2 of the UN convention on the rights of the child, which decrees non-discrimination in relation to children, and to article 3, which endorses Governments’ working for the best interests of the child first and foremost. Those principles apply not just to the matter we are debating but to other issues.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for bringing forward this important matter. She outlined clearly a case in Northern Ireland. Does she agree that going from having a wage coming into the house to receiving £117 a week is a massive step, and that that help needs to continue for more than a year for homes with children? That needs to be reviewed. A year is not long enough for someone to sort out how to cope financially in the long term without their spouse and how to raise their children alone. This matter is highly important, and I congratulate the hon. Lady on bringing it forward.

[Liz Saville Roberts]

I thank the hon. Gentleman for his intervention. It is evident that this matter raises a whole number of questions over and above the one I am specifically addressing.

I reiterate—I hope I say this regularly during the debate—that I say “children” quite intentionally. The great majority of EU member states make children themselves directly eligible for bereavement benefits up to a certain age. Essentially, bereavement benefits function as a sort of topped-up child benefit for children who have lost a parent and therefore require additional support. It is not, however, within the remit of the Supreme Court to correct primary legislation; that duty lies with us in Parliament.

Let me make it clear that despite the title of the debate, I believe the principle established by the Supreme Court ruling extends beyond the widowed parent’s allowance. We have heard that families in which a spouse has passed away since April 2017 are entitled to bereavement support payment, which replaced widowed parent’s allowance. It is therefore implicit in the Court’s ruling that bereavement support payment, too, ought to be extended to children regardless of their parents’ marital status. After all—I wish to impress this upon everyone present, including the Minister—the key takeaway of that ruling is that refusing to extend payments to the children of unmarried couples is of material detriment to those children and is discriminatory against those children.

In the eyes of the Supreme Court, a policy may offer special treatment to married couples when children are not involved, but it may not do so in relation to a benefit targeted at the needs and wellbeing of children. That is directly relevant to both widowed parent’s allowance and bereavement support payment, as in both instances the wellbeing of the children is the primary purpose of the benefit. That is expressed very convincingly in the Supreme Court judgment. It is not acceptable for the state to discriminate against children who happen to hail from unmarried households—to confer stigmatising status on families as either legitimate or illegitimate in the eyes of their own Government. If the support is there, it must be there for all children.

The Minister may well argue that there are bureaucratic barriers to extending widowed parent’s allowance to the children of unmarried couples. He may suggest that the requirement of a legal union protects widowed parent’s allowance from abuse. In reply, I would highlight the armed forces pension scheme, which successfully utilises a definition of “eligible partner” that is not narrowly restricted to the confines of marriage and civil partnership. Of course, the Department for Work and Pensions routinely assesses whether individuals are cohabiting, in pursuit of rolling back their means-tested social security benefits. In many such cases, there is considerably less evidence of cohabitation on display than the existence of living, breathing children. In fact, widowed parent’s allowance itself can be withdrawn if a parent later cohabits with a new partner. It is striking that Governments past and present have been willing to recognise the validity of cohabiting couples in life but not in death.

The Minister may highlight that discrimination against the children of unwed couples was debated during the passage of the Pensions Act 2014. I would reply that the legality of the Government’s standpoint is now informed by the Supreme Court’s ruling from last summer. Where Parliament previously debated in a fog of unknown quantities, we now know that the legal union requirement violates the human rights of children born to parents who are neither married nor in a civil partnership. Defenders of restricting payments to married households typically concern themselves with spousal rights, but the crux of this issue can no longer be allowed to rest solely on the rights of a bereaved spouse. Today’s debate is about whether the Government can continue to materially disadvantage children born to unmarried parents.

Household compositions have changed visibly since the widowed mother’s allowance of 1946, and the Supreme Court ruling is a reminder that our social security system must evolve to keep up. According to the Office for National Statistics, cohabiting couple families have been the fastest-growing family demographic across the UK for two decades, and in the past few years, families headed by cohabitating couples have been more prevalent than lone-parent families in the UK. By 2017, 17% of all households with dependent children were headed by a cohabitating couple.

We also know that there is a socioeconomic and geographical element to family composition, and 49% of cohabitating households in Wales are home to dependent children—the highest proportion throughout the UK. Poorer families are more likely to be headed by unmarried parents, and both mothers and fathers in married couples are more than twice as likely to have a degree as their counterparts in cohabiting couples. Children in lower socioeconomic households are therefore disproportionately exposed to bereavement support discrimination of this type, compared with their wealthier counterparts. That is deeply ironic given the Government’s approach to non-means-tested benefits: to those who can afford to marry, they give more, but to those who have less, they seek to justify denying them at the most traumatic time.

When will the Government formally respond to the issues raised in the Supreme Court ruling and in this debate? The Minister said on 5 September last year that there would be a response anon, but a number of months have since passed. If he will not provide a set timetable today for a response, will he explain why? Could the Government use legislative vehicles to make such a change? I think particularly of the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill promoted by the hon. Member for East Worthing and Shoreham (Tim Loughton). A private Member’s Bill might well be a vehicle through which to make such a change.

Extending widowed parent’s allowance as well as bereavement support payments was recommended back in March 2016 in a report by the Select Committee on Work and Pensions, “Support for the bereaved”. It outlined, as I have done today and as the Supreme Court did last year, that excluding the children of unmarried couples from bereavement support in the 21st century is both unjust and unjustifiable.