Northern Ireland: Refusal of widowed parent’s benefits to unmarried Belfast mother found to be discriminatory

Siobhan McLaughlin won the action against the Department for Social Development (DSD) in a case that could have implications for the delivery of benefits across the UK.

The Citizens Advice Bureau sought the judicial review against the DSD on Ms McLaughlin’s behalf after her children were denied bereavement benefits following the death of her partner of 23 years.

If Ms McLaughlin and her late partner, John, had been married or in a civil partnership, she could have been entitled to a lump sum of £2,000 and a weekly widowed parent’s allowance.

Ruling on the case, Mr Justice Treacy said that Ms McLaughlin had no claim to the lump sum bereavement benefit.

However, he ruled that the DSD had unlawfully discriminated against Ms McLaughlin on the basis of her marital status by denying her access to a weekly payment granted due to parentage.

In his judgment, he said: “Even allowing for the State’s margin of appreciation, I do not consider that the exclusion of the applicant from widowed parent’s allowance on the grounds of her marital status can be justified.

“Indeed, it may seem somewhat strange to rely, as a justification for the restriction, on the contention that it promotes the institution of marriage and civil partnership when parents, whatever the status of the relationship, owe the same financial or legal duties towards their children.

“The restriction appears to be inimical to the interests of children.”

Laura Banks, a solicitor for Citizens Advice, told the Belfast Telegraph: “It’s a really significant decision. This is the first time that this case has been taken and it will affect people UK-wide and will affect families.

“Seven thousand people every year lose a partner they are not married to so those with children will benefit from this judgment.”