Bereavement Support Payment eligibility extended to unmarried cohabiting parents

Bereavement Support Payment eligibility was extended on 9 February 2023 to unmarried cohabiting parents bereaved on or after 6 April 2017 who were living together on the date of death¹. The Department for Work and Pensions records the change in its Annual DWP Benefits Statistics Compendium, published on 15 September 2026¹. The law change followed a 2018 Supreme Court ruling that found the exclusion of unmarried partners with dependent children was incompatible with the European Convention on Human Rights².

The Bereavement Support Payment was introduced in 2017 and replaced the widowed parent's allowance (WPA), which had existed since 2001². Before the change, these benefits were only available to parents who were married or in a civil partnership². The extension also covered WPA for parents bereaved between 9 April 2001 and 5 April 2017².

The DWP opened a 12-month window for bereaved partners to claim BSP or WPA backdated to 30 August 2018, when the Supreme Court ruling was announced². Claimants had to have been bereaved before 9 February 2023 to use that window, and needed to claim by 8 February 2024². Those bereaved on or after 6 April 2017 may still have been eligible for some backpayments until 8 November 2024³. For WPA, the claim deadline was 8 February 2024².

BSP pays a one-off lump sum of £2,500, or £3,500 if the claimant is entitled to child benefit, plus up to 18 monthly payments of £100, or £350 if entitled to child benefit². That gives a total of £4,300 or £9,800 depending on whether there are children². For WPA back payments, the amount is based on the partner's National Insurance contributions unless the death was caused by an accident at work or a disease caused by work; the maximum WPA was £139.10 a week before tax in 2023-24².

Why it matters for households

The change affects parents who were living together as if married when their partner died, rather than being married or in a civil partnership². For deaths on or after 9 February 2023, cohabiting parents who meet the eligibility criteria are entitled to the same payments as bereaved parents who are married or in a civil partnership⁴. Cohabiting parents whose partner died from 9 February 2023 can claim BSP as long as they satisfy the eligibility criteria³.

For earlier deaths, the position depends on the date. Parents bereaved between 6 April 2017 and 8 February 2023 may have been able to get backdated BSP if they were living together as if married when their partner died and were under state pension age on 30 August 2018, among other conditions². Parents bereaved between 9 April 2001 and 5 April 2017 may have been able to get backdated WPA instead². Payments could only be backdated to 30 August 2018, even if a partner died before that date². As many as 21,000 bereaved parents who missed out because they were not married or in a civil partnership may have been eligible to claim retrospective payments dating back to August 2018³.

A retrospective BSP payment is not taxed and is treated as capital and disregarded for 12 months, so it does not immediately count towards the benefit cap, Universal Credit, means-tested benefits or tax credits⁴. A backdated WPA payment could affect current benefits and might be subject to income tax².

What happens next

The deadline for cohabiting parents to claim full retrospective bereavement benefits closed at midnight on 8 February 2024³. Those bereaved on or after 6 April 2017 may still have been eligible for some backpayments until 8 November 2024³. For WPA, claims had to be made by 8 February 2024². No further deadlines have been reported.