Extension to cohabiting couples comes into force

The extension of "partner" to cohabiting couples who were not in a legal union when one of the couple dies came into force on 9 February 2023, according to the benefits information service Entitledto¹. The change had been set out from 30 August 2018, but Entitledto states that it did not take effect until 9 February 2023¹.

Before 30 August 2018, "partner" meant a husband, wife or civil partner¹. The wording now covers cohabiting couples who were not in a legal union when one of the couple dies¹.

The definition sits within the bereavement benefits system. Bereavement Support Payment replaced all other bereavement benefits for new claims from 6 April 2017¹. It has two rates¹:

Older bereavement benefits remain in payment for people who claimed before the 2017 change. Widowed Parent's Allowance is received by men and women widowed on or after 9 April 2001, and Bereavement Allowance is received by spouses widowed on or after 9 April 2001 or civil partners bereaved on or after 5 December 2005¹. Entitledto notes that where someone receives one of these benefits, the government may disregard some or all of that income when calculating entitlement to other benefits¹.

The source does not set out how claims are made under the extended definition, nor whether payments are backdated to 30 August 2018. Those points have not been reported in the material available.

Why it matters for households

The change affects couples who were living together but were not married or in a civil partnership when one partner died. For bereavement benefits, the surviving partner's position now depends on the definition of "partner" that applies, and from 9 February 2023 that definition includes cohabiting couples¹. The date matters because entitlement turns on when the death occurred and which benefit rules applied at that point: Bereavement Support Payment applies to new claims from 6 April 2017, while Widowed Parent's Allowance and Bereavement Allowance continue for people widowed on or after the dates given above¹.

The practical effect is on the income a surviving partner can receive, and on the calculation of other means-tested benefits, where some or all of a bereavement benefit may be disregarded¹. Cohabiting couples have different rights on separation and death from married couples and civil partners, which is covered in our guide to unmarried couples' money rights when you split or die. Bereavement benefits sit within the wider life events area, and support after a death is set out in our guide to free bereavement support and helplines. In Scotland, the Funeral Support Payment is a separate payment.

What happens next

No further dates are given in the source. Entitledto directs readers to the Northern Ireland government's NIdirect website for Widowed Parent's Allowance in Northern Ireland¹.