Bereavement benefit appeal

C52068
C52068 Online Community Member Posts: 12 Listener
edited December 2022 in Everyday life
Need help whit this one my appeal has been going now for near a year I applied for this as my late wife passed near a year ago now she did not work because of mental health problems she’s had since she was a teenager and bipolar now I’ve received
a letter about my appeal I need same help whit this as I don’t understand why they are asking me for stuff saying about the new case laws of the case of O Donnell in Northern Ireland case I will try upload a pic if I can if anyone can help me out be very grateful as I’ve got 21 days to reply thanks 

Comments

  • chiarieds
    chiarieds Online Community Member Posts: 16,682 Championing
    edited December 2022
    It sounds like your appeal has been delayed until someone else's case with similar issues was heard, which has now happened.
    In light of this the DWP (called the respondent) have been asked some questions, the answers to which the Tribunal needs to receive, & after which the Tribunal will make a decision.
    Altho 21 days is stated, the DWP may take longer to reply to the Tribunal, so you may have to wait longer than 3 weeks.
    As the person appealing (the apellant) you haven't been asked to do anything.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    Your tribunal was delayed because there was another case awaiting a legal decision on a similar case. The tribunal needed to wait for the decision on that case in order to be able to take it into account. DWP have now been offered, quite rightly, the opportunity to review their submission and make further comments to the tribunal before the tribunal makes a decision on your case.
    C52068 said:.. I don’t understand why they are asking me for stuff saying about the new case laws of the case of O Donnell in Northern Ireland case I will try upload a pic if I can if anyone can help me out be very grateful as I’ve got 21 days to reply thanks 
    As chiarieds says, you are not required to do anything because they are not asking you to do anything.
  • C52068
    C52068 Online Community Member Posts: 12 Listener
    Thank use for the comments it’s held me out just so I’m on the right page I don’t have to send them anything as they have sent me a evidence reply envelope thanks 
  • chiarieds
    chiarieds Online Community Member Posts: 16,682 Championing
    You haven't been asked to send the Tribunal anything; the reply envelope is likely just standard.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    The case concerns entitlement to Bereavement Support Payment and matches your circumstances. A qualifying requirement for BSP is that the deceased has paid some NI contribution from work. In the case of someone such as your wife they cannot pay contributions because they have never been able to work. The case considered whether the requirement was therefore discriminatory and ruled that it was unlawful. 

    More information here
    https://equalitylawblog.com/2022/11/18/r-jwanczuk-v-secretary-of-state-for-work-and-pensions/
    https://www.blackstonechambers.com/news/r-jwanczuk-v-secretary-of-state-for-work-and-pensions/

    However I note that DWP appear to have been granted permission to appeal so it may not be possible to determine your case until such time any appeal has been heard.

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