Question to the Department for Work and Pensions:

To ask Her Majesty's Government, further to the Supreme Court judgment [2018] UKSC 48, what consideration they have given to providing retrospective Bereavement Support Payment to families where the date of death of a family member was prior to 30 August 2018.

The draft Bereavement Benefits (Remedial Order) 2021 was laid before Parliament on 15 July 2021 and proposes to extend eligibility to Bereavement Support Payment (BSP) and Widowed Parent’s Allowance (WPA) to cohabitees with dependent children.

The changes proposed by the draft Order have effect from 30 August 2018, as this was the date of the Supreme Court judgment in the McLaughlin case and from when we became aware of an incompatibility. Where a death occurred before 30 August 2018, there can be eligibility for either WPA or BSP, but awards can only be made in respect of entitlement arising from that date.

The proposals in the draft Order are subject to a 60-day laying period during which comments are invited from parliamentarians and stakeholders about the proposals. These comments will then be reviewed and next steps considered.