Two bereaved parents have filed a case at the European court of human rights, claiming that the UK government’s treatment of them is discriminatory.
Jyotee Gunnooa and Andrew Byles lost their partners but were unable to claim a benefit for widowed parents because they were not married or in civil partnerships when the deaths happened.
Changes in the law since then allowed them to make backdated claims, but only from 30 August 2018, which lawyers from Leigh Day said meant they had lost out on thousands of pounds.
Widowed parent’s allowance was paid to parents after the death of their spouse or civil partner.
In 2018, the supreme court ruled that denying payments to unmarried families was illegal, but it took until February 2023 for the right to the benefit, and the bereavement support payment that replaced it, to be rolled out to all parents.
People were able to make backdated claims, but only as far as 30 August 2018.
Gunnooa’s partner died in 2016, leaving her to raise their three-year-old son as a single parent. The change in 2023 allowed her to claim some backdated payments but excluded the period between October 2016 and August 2018, which Leigh Day said had cost the family £16,000.
Byles lost his partner in 2017 after a cancer diagnosis 10 years earlier and was also unable to claim for the full period, with his family missing out on £14,000 as a result, the law firm said. The figures are based on the widowed parent’s allowance they would have received.
Leigh Day said the pair wanted to highlight the harm caused by the cutoff date for eligibility and secure equal treatment for all bereaved children and parents.
Gunnooa said: “My son has been a victim of discrimination simply because his parents weren’t married.
“This money would have helped us navigate the financial challenges after my partner’s death. Instead, I’ve faced years of stress trying to make ends meet, all while grieving and raising my son, who has special needs. We cannot let this unfairness continue.”
Byles said by the time of his partner’s death the family’s financial position had become very difficult.
“I had to return to work almost immediately but was only able to get part-time work, as I needed to be free for school runs and also to be around to support my children through that very hard time. I had to take on debt so that I could continue providing for my family, which was very stressful,” he said.
The court will now consider whether to admit the claim.
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