East Lothian mother wins bereavement support battle with UK government

A GRIEVING mum has thanked Evening News readers after the UK government performed a U-turn in paying her family bereavement support when her partner of 20 years died.

Denise Robertson, from East Lothian, was told just days after losing Gary Dunn she was ineligible for thousands of pounds because they never wed or entered a civil partnership.

But Denise and her children are now in line for nearly £10,000 after we took up her plight with the Department for Work and Pensions.

“I had tears in my eyes when he was telling me - I’m just really pleased at the fact that they recognised us as a couple,” said Denise, 58, from Macmerry.

Officials have now written to Denise to confirm she is entitled to a £3,500 one-off payment and £350-a-month for 18 months.

She was interviewed, as were her friends, and she even submitted post addressed to Mr and Mrs Robertson as evidence.

A long-forgotten quirk

“I’d like to thank the Evening News and everyone for their support. It’s highlighted it because I know married couples who don’t even know about this bereavement support.

“It’s raised awareness now for other people - even those who are married. Even my brother said he didn’t know about it and he’s married.”

A long-forgotten quirk of Scottish law offered a lifeline to Denise, meaning she qualified for the cash if friends thought Gary and her were married.

Daughter Charlene Campbell spent hours pouring through online documents and archives to unearth a type of irregular marriage called 'marriage by cohabitation with habit and repute'.

Rarely used in practice, it can apply to couples who have lived together and were thought to be married.

It was abolished by the Family Law (Scotland) Act 2006, except for very particular circumstances, and so only relationships established before May 2006 will be recognised.

Denise switched jobs and moved house to care for disabled Gary and the loving couple brought up a daughter together.

Former soldier Gary was diagnosed with chronic rheumatoid arthritis at the age of just 21 - a condition leading to a deterioration in his health later in life.

Yet his death from pneumonia at the Royal Infirmary in August, aged 57, after breaking his hip in a fall at home still came as a devastating shock to his family.

Just ten days later, Denise received a letter from the Department for Work and Pensions confirming she and her family were ineligible for bereavement support by law.

The happy couple met in 1999 and moved in together in Prestonpans, bringing up daughter, Rachael

Now 17 and studying hairdressing at Edinburgh College, much of the belated payment will help Rachael through college and into work.

A DWP spokeswoman said: “Following a review of Ms Robertson's case, her claim for Bereavement Support has been allowed and all arrears due paid."