Proposal for a draft Bereavement Benefits (Remedial) Order 2021: discrimination against cohabiting partners

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Contents

Summary

1 Introduction

The Declarations of Incompatibility

Role of the Joint Committee on Human Rights

Matters for consideration

Legislative history

Widowed Parent’s Allowance

Bereavement Support Payment

Litigation history

Widowed Parent’s Allowance

Bereavement Support Payment

The Government’s approach

2 Procedural requirements

Use of remedial power and “compelling reasons”

Non-urgent procedure

Required information

3 Remedying the incompatibility

Does the proposed draft Remedial Order remedy the incompatibility?

Key amendments

Identifying the sole recipient

Retrospective effect

Bereavement Support Payment

Widowed Parent’s Allowance

Alternative retrospective effect

Finality of decisions and appeals

Refusal with no appeal

Refusal and appeal

4 Other matters arising

Meaning of “cohabiting partner”

Discrimination against cohabiting partners without children?

Taxation

Communication

Drafting

Conclusions and recommendations

Declaration of interests

Formal minutes

Published written evidence

List of Reports from the Committee during the current Parliament