Written question asked by Tom Brake (Liberal Democrat) on Thursday, 3 November 2005, in the House of Commons. It was due for an answer on Monday, 7 November 2005. It was answered by James Plaskitt (Labour) on Tuesday, 15 November 2005 on behalf of the Department for Work and Pensions.

Widow's Benefit

Question: To ask the Secretary of State for Work and Pensions if he will compensate fathers who were widowed before 9 April 2001 following the European Court of Human Rights ruling on widows' benefits.

Answer: The Government will consider the offer of friendly settlements on claims for discrimination relating to widowed mothers' allowance and widow's payment, but only to those widowers who have an admissible case in the European Court of Human Rights and who satisfy the benefit conditions and made their original claim at the correct time. Widowers who were unsuccessful in the recent cases before the House of Lords could have taken their case to Europe provided they had done so by 4 November 2005 (six months from the House of Lords ruling). We will go on to consider these cases also.Any claims for widows payment or widowed mothers allowance by a man whose wife died before 9 April 2001 and who has not previously made an application to the European Court or was not involved with the domestic cases will now be too late. We have been guided by previous admissibility decisions of the European Court of Human Rights in widowers' cases.

Secondary information

Type: Written question
Reference: 26220; 439 c1161W;439 c1161W
Session: 2005-06
Subjects: Compensation Benefits rules Bereavement benefits Equality Gender Judgements European Court of Human Rights Widows payment Widowed mothers allowance
Link: View this Written question on www.publications.parliament.uk