Husband of severely disabled woman was discriminated against over bereavement payments, court rules

By Q Radio news

A man who was refused bereavement payments after his severely disabled wife passed away was discriminated against, according to the Court of Appeal.

Michael O'Donnell was denied the benefit on the basis that his late wife Pauline hadn't paid the necessary contributions before she died in 2017. 

Yesterday, judges found the current rules - which fail to distinguish between someone who can't and a person who chooses not to work - are unfair.  

Mr O'Donnell, who's represented by Law Centre NI, says he's relieved at the decision.

Pauline was diagnosed with Friedreich’s Ataxia, a progressive degenerative disorder, from around the age of twelve, she was never able to work due to her severe disability.

Her condition declined over the years and Michael gave up work to care for his wife and children, he says he was left struggling emotionally and financially after she passed away. 

Law Centre NI legal officer, Owen McCloskey, added: “We are very pleased that the Court of Appeal has come to this decision. It was clear that Pauline was never able to work due to her severe disability.

"This is a significant decision which draws upon international standards to prevent unlawful discrimination and to protect the rights of disabled people and their families. The judgement potentially has wider implications beyond Northern Ireland for the whole of the UK.

"I want to acknowledge the courage of Mr O’Donnell and his family for taking this case forward to clarify the law for others. We hope no other family has to go through anything similar again.”