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Legal matters

Widowed parents allowance question.

10 replies

Chasingsquirrels · 04/07/2016 19:34

My 1st husband and I have 2 children together for whom we both have parental responsibility.
We have been separated and divorced for a number of years.
We both have new partners, and I married mine last month.
DH has a life limiting cancer and has a reasonably short prognosis.

I was looking at widowed parents allowance, which I assumed I won't be able to claim as he isn't the parent if my children.
I've just seen a separate post about step patents assuming parental responsibility for a child without this affecting the PR of their birth parents (which I wouldn't want to do).
Does anyone know whether DH obtaining PR for my children would entitle me to widowed parents allowance in the event of his death?

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PaintedDrivesAndPolishedGrass · 04/07/2016 19:41

I don't think so because you are divorced. You wouldn't be his widow to receive Widowed Parents Allowance and the bereavement allowance is the same as you are not his partner/wife.

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PaintedDrivesAndPolishedGrass · 04/07/2016 19:43

Sorry I mixed up the DHs.

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StandoutMop · 04/07/2016 19:45

I read this as divorced from DC father but new DH (so step parent) is sadly unwell.

I can't answer if having parental responsibility qualifies him as a parent or not, but maybe Citizens Advice co Or maybe Macmillan - they gave my mum loads of info on benefits etc when dad had cancer.

Sorry you are going through this.

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Emily7708 · 04/07/2016 19:50

It looks like you can claim as long as you are the one entitled to child benefit for the children.

This is from the Turn2us website:

Widowed Parents Allowance:
If you are bringing up a child you must usually be getting Child Benefit for that child. The child should be:
•the child of you and your late spouse, or
•the child of you and your late civil partner, or
•a child who you or your late spouse or civil partner got Child Benefit for at the time of your spouse or civil partner's death (for example, it could be your adopted child or a step-child).

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Emily7708 · 04/07/2016 19:52

Apologies - meant to say sorry to read about your DH's prognosis.

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Chasingsquirrels · 04/07/2016 19:53

Yes divorced from exH1 (biological parent of children). exH1 is fine.
Married to DH2, who is therefore step parent to said children. DH2 has cancer.

If us all signing the PA agreement (and it doesn't take away from exH1's right so I don't see exH1 having any issue with it) would entitle me to widowed parents allowance when DH2 dies then it would be worth doing. If it doesn't then I wouldn't bother.

CAB is a good idea, my mum volunteers - I'll ask her if she can find out.

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AppleAndBlackberry · 04/07/2016 19:57

Yes, you should be able to claim, I know someone who was successful in the same circumstances (child's biological father still alive, paying maintenance etc). They didn't do any kind of parental responsibility thing before her husband died, so I'm not sure if that would make a difference.

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Chasingsquirrels · 04/07/2016 20:05

Thanks all.
I'll ask my mum to look into it at CAB and maybe ring DWP.
It seems callous to be "planning" it, but equally DH has to repay my child benefit in respect of my children (even before we married) so if sorting out PA beforehand would make a difference it would be stupid of not to do so. Youngest is only 10 so will be dependent for a number of years.

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Musicaltheatremum · 06/07/2016 19:20

You're not callous. You're being sensible and pragmatic and doing the best for your children. I'm sorry about your husband. I lost mine 4 years ago and had teenagers. It is a hard time. Look after yourself

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PridePrejudiceZombies · 17/07/2016 11:51

There's nothing callous about making plans to protect your and your children financially in the event of upcoming calamity. You will need income. That need doesn't go away when you've been bereaved. The allowance exists in recognition of that fact. Don't ever feel guilty. Also, obvious question, but I presume you have wills in place and you've checked that any pension he has will go to you?

Wishing you all strength to cope, and hoping that DHs last lap is as happy and fulfilling as possible, followed by a peaceful passing away in the location of his choice.

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