29 September 2020
Cohabiting partners will be entitled to a bereavement payment along with married partners next week, following a change to the Fatal Accident Act
Under the 1976 Act, a statutory payment of £12,980 is made where a spouse dies as a result of negligence. From 6 October, the Act extends its scope to include a ‘cohabiting partner of the deceased living in the same household immediately before the date of death, and… for at least two years before that date’.
The reform is the result of the landmark case of Smith v Lancashire teaching Hospitals [2017] EWCA Civ 1916, when Jacqueline Smith, represented by Slater & Gordon, was told she didn’t qualify for a payment because she was not married to her partner of 16 years.
The Court of Appeal made a declaration of incompatibility on the basis the category restriction contravened Art 14 in conjunction with Art 8 of the European Convention on Human Rights.
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