Joint Committee on Human Rights - Draft Bereavement Benefits Order 2022

The purpose of the proposed Remedial Order is to secure entitlement to certain bereavement benefits in cases where co-habiting parents of minor children were unmarried or were not registered as civil partners at the point one of them died. 

In addition to providing for future entitlement for bereaved unmarried/non-civil-partner parents who were living together, the Remedial Order also allows for certain backdated payments for those who would have been entitled from 30 August 2018. Our interest in the Remedial Order relates specifically to these back-payments and the interactions with claimants’ tax and other benefits.

In our submission we note there is little information given as to how tax credit claimants are to be affected by back-payments under the order. It is essential that careful consideration is given to this matter, and that any decisions ensure fairness in the context of all claimants under the Remedial Order. Our submission also highlights that further work is needed to establish the process for collecting any necessary income tax liabilities arising on payments, and we urge DWP and HMRC to work together to ensure that matters can be dealt with smoothly, with minimal burden being placed on claimants.

You can read LITRG’s response here. 

This submission follows on from our previous work on this topic in September 2021. Use the links below to read our comments on the first draft of the proposed remedial order at that time, sent to:

• the Department for Work and Pensions, and
• the Joint Committee on Human Rights.