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Widower’s allowance could be extended to include non-married couples with children who live together to ensure the island complies with human rights laws.
Local law doesn’t currently allow for bereaved individuals to receive benefits if they were cohabiting, but not in a legal union, at the time of their partner’s death.
Employment & Social Security has noted recent legal challenges in the UK where courts twice concluded that denying this benefit in these cases is at odds with the European Convention on Human Rights.
It was found to be discriminatory and not to respect private and family life.
Pictured: If changed, the widows allowance won't only be paid out to bereaved loved ones who had been married.
Employment & Social Security will propose the law change in Guernsey’s States next month.
The island currently only pays the benefit to a married person when their partner dies, with the money intended to benefit the children of the union.
Other eligibility criteria would still need to be met if the change is approved, and it wouldn’t apply to bereavement payments or allowances.
ESS also says it would only apply to cases which occur after the implementation day, and no retrospective payments would be made.
The costs are uncertain due to a lack of data on married and cohabiting couples, and since allowances stop when children reach a certain age or if the ‘widow’ starts living with a new partner, but the Committee said it is “likely to be immaterial”.
The current full rate for the allowance is £263.13 per week. It is currently paid to 41 people.
The Committee estimates that nine new claims are authorised each year.
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