{"id":12255,"date":"2018-08-30T07:37:20","date_gmt":"2018-08-30T11:37:20","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=12255"},"modified":"2018-08-30T07:37:20","modified_gmt":"2018-08-30T11:37:20","slug":"ni-unmarried-mother-wins-supreme-court-benefit-case","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2018\/08\/30\/ni-unmarried-mother-wins-supreme-court-benefit-case\/","title":{"rendered":"NI unmarried mother wins Supreme Court benefit case"},"content":{"rendered":"<p class=\"story-body__introduction\">An unmarried mother has won access to a Widowed Parent&#8217;s Allowance in a landmark Supreme Court ruling.<\/p>\n<p>Mother of four, Siobhan McLaughlin from County Antrim lived with her partner for 23 years- but never married.<\/p>\n<p>After her partner&#8217;s death, she was denied money that her children would have been otherwise entitled to.<\/p>\n<p>Today&#8217;s ruling is expected to have far-reaching ramifications &#8211; allowing people across the UK to apply for similar payments.<\/p>\n<p>The Supreme Court Justices found that\u00a0<a class=\"story-body__link-external\" href=\"https:\/\/www.supremecourt.uk\/cases\/uksc-2017-0035.html\" target=\"_blank\" rel=\"noopener\">the legislation which governs the Widowed Parents Allowance (WPA) was incompatible with human rights law, as it &#8220;precludes any entitlement to WPA by a surviving unmarried partner&#8221;.<\/a><\/p>\n<p>Siobhan McLaughlin lived with her partner John Adams for 23 years and they had four children together, but the couple were never married.<\/p>\n<p>Mr Adams died in 2014.<\/p>\n<p>Ms McLaughlin is now the sole provider for her family and works two jobs as a special needs classroom assistant and cleaner.<\/p>\n<p>She said the money provided by the widowed parent&#8217;s allowance would have been useful to her family.<\/p>\n<figure class=\"media-landscape has-caption full-width\"><span class=\"image-and-copyright-container\"><img loading=\"lazy\" decoding=\"async\" class=\"responsive-image__img js-image-replace\" src=\"https:\/\/ichef.bbci.co.uk\/news\/624\/cpsprodpb\/D7C0\/production\/_101023255_johnadams1.jpg\" alt=\"Family\" width=\"976\" height=\"549\" data-highest-encountered-width=\"624\" \/><\/span><figcaption class=\"media-caption\"><span class=\"media-caption__text\">John Adams had four children with Siobhan McLaughlin<\/span><\/figcaption><\/figure>\n<p>&nbsp;<\/p>\n<p>The Supreme Court cannot change the law but by saying that it is incompatible with the Human Rights Act, it is putting pressure on the UK&#8217;s legislatures to change the law and ensure that it is human rights compliant.<\/p>\n<p>After his death, the County Antrim woman challenged the rule that parents must have married to be entitled to a widowed parent&#8217;s allowance.<\/p>\n<p>Ms McLaughlin, from Armoy, won the original case but it was overturned by the Court of Appeal.<\/p>\n<p><a class=\"story-body__link\" href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-43946561\" target=\"_blank\" rel=\"noopener\">In April 2018 the Supreme Court sat in Northern Ireland for the first time ever.<\/a><\/p>\n<p>Ms McLaughlin&#8217;s case was the first case heard by the court in Northern Ireland.<\/p>\n<p>Thursday&#8217;s ruling by the UK Supreme Court is expected to allow unmarried people from across the UK to apply for a Widowed Parent&#8217;s Allowance.<\/p>\n<p>A Department for Work and Pensions spokesman said: &#8220;We will consider the court&#8217;s ruling carefully. Widowed parent&#8217;s allowance was a contributory benefit and it has always been the case that inheritable benefits derived from another person&#8217;s contributions should be based on the concept of legal marriage or civil partnership.<\/p>\n<p>&#8220;This ruling doesn&#8217;t change the current eligibility rules for receiving bereavement benefits, which are paid only to people who are married or in a civil partnership.&#8221;<\/p>\n<p><strong>Analysis: BBC News Legal Correspondent, Clive Coleman<\/strong><\/p>\n<p>The Widowed Parent&#8217;s Allowance (WPA) can only be claimed by a surviving partner if that partner was either married to, or in a civil partnership with the deceased.<\/p>\n<p>The question at the heart of this case was whether that restriction unjustifiably discriminates against the surviving partner and\/or their children, and breaches their human rights.<\/p>\n<p>The Supreme Court has decided that it does, and that has significant implications. There are some 3.3 million co-habiting couples in the UK. Around 1.2million of them have children.<\/p>\n<p>The purpose of the WPA is to help the children. Today&#8217;s ruling will benefit those families where one co-habiting parent has died and the WPA has been refused, or where a parent dies in future and the surviving partner makes a claim.<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-45355028\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">An unmarried mother has won access to a Widowed Parent&#8217;s Allowance in a landmark Supreme Court ruling. Mother of four, Siobhan McLaughlin from County Antrim lived with her partner for 23 years- but never married. <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2018\/08\/30\/ni-unmarried-mother-wins-supreme-court-benefit-case\/\" title=\"NI unmarried mother wins Supreme Court benefit case\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":12256,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,109,2,4],"tags":[5446,5445,593,1864,5444,1624],"class_list":{"0":"post-12255","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-headline","9":"category-news","10":"category-uk","11":"tag-benefits","12":"tag-county-antrim","13":"tag-human-rights-act","14":"tag-northern-ireland","15":"tag-siobhan-mclaughlin","16":"tag-uk-supreme-court","17":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12255","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=12255"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12255\/revisions"}],"predecessor-version":[{"id":12257,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12255\/revisions\/12257"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/12256"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=12255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=12255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=12255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}