Deadline to claim backdated bereavement benefit looming: are you owed money?

Parents who were cohabiting when their partner died could be eligible

If you're a parent whose partner died between 9 April 2001 and 8 February 2023, you could be eligible for backdated bereavement benefits worth thousands of pounds - even if you no longer have dependent children. But time it running out to make a claim. 

Earlier this year, the government extended eligibility for bereavement support payment and widowed parent's allowance to cohabiting parents with dependent children. These benefits were previously only available to parents who were married or in a civil partnership.

The Department for Work and Pensions (DWP) says thousands of families could be eligible for a back payment, but they need to claim by 8 February 2024. Here, Which? explains why the rules on bereavement benefits changed, who qualifies for a back payment and how much it might be worth.

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What's happened to bereavement benefits?

Bereavement support payment (BSP) were introduced in 2017 and offered financial help to spouses and civil partners after the death of their partner. It replaced the widowed parent's allowance (WPA) which had been around since  2001. 

However, a 2018 Supreme Court ruling found that the exclusion of unmarried partners with dependent children was incompatible with the European Convention on Human Rights.

The law was changed on 9 February 2023 to make cohabiting couples with dependent children eligible for BSP and WPA.

Consequently, the DWP opened a 12-month window for bereaved partners to make a claim for BSP or WPA backdated to 30 August 2018, when the Supreme Court ruling was announced.

To take advantage of this window they must have been bereaved before 9 February 2023.

Are you eligible to make a claim?

Parents might be eligible for either BSP or WPA depending on the date their partner died. 

Bereaved between 6 April 2017 and 8 February 2023

If your partner died between 6 April 2017 (when BSP was introduced) and 8 February 2023, you might be able to get backdated payments for BSP if: 

  • when your partner died, you were living together as if you were married
  • you were under state pension age on 30 August 2018.

Additionally, you must have either been pregnant when your partner died or had a child living with you, plus one of the following:

  • you got child benefit for that child between when your partner died and when you make your claim
  • you’ve been told by the Child Benefit Office that you were entitled to child benefit for that child between the time your partner died and when you make your claim.

Your partner must also have either paid National Insurance contributions or died because of an accident at work or a disease caused by work.

Bereaved between 9 April 2001 and 5 April 2017 

If your partner died between 9 April 2001 (when WPA was introduced) and 5 April 2017, you might be able to get backdated WPA instead.

To be eligible, you must have been under state pension age when your partner died and on 30 August 2018. Plus one of the following must have applied:

  • you were getting child benefit for a child who lived with you when your partner died and on 30 August 2018
  • you were told by the Child Benefit Office that you were entitled to child benefit for a child who lived with you when your partner died and on 30 August 2018
  • you were pregnant when your partner died.

Your partner must also have either paid National Insurance contributions or died because of an accident at work or a disease caused by work.

  • Find out more: backdated BSP and WPA eligibility criteria

How much could you get?

The amount you can get will depend on the benefit you're eligible for.

BSP pays a one-off lump sum of £2,500 (£3,500 if you're entitled to child benefit), and up to 18 monthly payments of £100 (£350 if entitled to child benefit), so you could qualify for £4,300 or £9,800 depending on whether you have children.

For WPA back payments, the amount you get is based on how much your partner paid in National Insurance contributions (unless your partner died because of an accident at work or a disease caused by work).

The maximum WPA is £139.10 a week before tax in 2023-24, but will be lower in previous tax years as the benefit is uprated each year. The benefit can be claimed until you are no longer entitled to child benefit or you reach state pension age or you marry, enter a civil partnership or a cohabiting partnership. 

However, your backdated payment might be lower if you received other benefits while eligible for WPA. In addition, a backdated WPA payment could impact your current benefits, and you might need to pay income tax on the claim. There's guidance on the impact of backdated WPA on your benefits and tax on the gov.uk website.

Payments can only be backdated to 30 August 2018, even if a partner died before this date.

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How to make a claim

BSP claims can be made online, over the phone or through a paper application form.

WPA claims are only processed using paper forms. These are available to download from the widowed parent's allowance gov.uk website, or you can request them via the Bereavement Service helpline: 0800 151 2012. 

Those who believe they are eligible for bereavement benefits in Northern Ireland should apply via the Department for Communities. 

You'll need to have some information to hand – including your National Insurance number, your partner's National Insurance number, the date your partner died and your bank or building society account details for the payments to be sent to.

What if you miss the deadline?

Those who claim BSP after the backdating cut-off of 8 February 2024 could still receive some monthly payments, but fewer than they would have originally been entitled to. However, you must apply by 8 November 2024 to get any backdated BSP payments.

For WPA you must claim by 8 February 2024.