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03.01.08 The term "Bereavement award" in this
context relates to the statutory lump sum payment that
is made to families or loved ones following the death of
a partner, child or spouse.
The Government have the unenviable task of trying to
provide a lump sum to represent an award which
compensates the family for the loss of their loved one.
No award can possibly be enough but statutory laws
dictate such a sum should be paid.
The categories of dependants who can claim bereavement
are narrow. If a husband or a wife dies, then the
surviving spouse can claim bereavement. If a child dies
(ie a minor under 18 years), then the parents can claim
bereavement if the child is legitimate. If the child is
illegitimate, then the mother alone can claim
bereavement for that.
The award is only payable in the event of a
successful claim
(it is not paid otherwise). Under the Fatal Accidents
Act 1976 (amended by s.3 of the Administration of
Justice Act 1982) the amount of bereavement award has
been set as follows:
Death before 01/01/08 = £10,000
Death after 01/01/08 = £11,800
The increase in the award will apply to all causes of
action which accrue on or after 1st January 2008 and it
is also the government’s intention that in future the
level of the award will be increased every three years
to take account of inflation, in line with the Retail
Prices Index. To many the award is still virtually an
insult when faced with the aftermath of an
accident.
Another claim that can be made under the 1976 Act is for
reasonable funeral expenses. Any dependant who’s
actually expended funeral expenses can claim them. What
the court will award will be normal, reasonable funeral
expenses. This would include a headstone and even the
cost of embalming but would probably not include an
elaborate memorial. The families of the bereaved may
well be entitled to many more heads of claim and they
should be encouraged to seek
legal advice on
compensation following the event. OFFICIAL
PARLIAMENTARY SUMMARY OF THE CHANGES:
Bereavement Damages
The Parliamentary Under-Secretary of State for
Justice (Bridget Prentice):
In their consultation paper on the law on damages
which was published on 4 May 2007, the Government
announced their intention to increase the level of
bereavement damages awarded under section 1A of the
Fatal Accidents Act 1976 every three years for inflation
in line with the retail prices index (rounded to the
nearest £100), and that the first 12 Dec 2007 : Column
43WS such increase would be made later in the year.
Bereavement damages were last increased from
£7,500 to £10,000 on 1 April 2002. To give effect to
this, my right hon. Friend the Secretary of State for
Justice and Lord Chancellor has laid before Parliament
an order increasing the level of bereavement damages
awarded under section 1A of the Fatal Accidents Act from
£10,000 to £11,800. An order has also been laid under
Article 3A(5) of the Fatal Accidents (Northern Ireland)
Order 1977 to make the same increase in the level of the
award in Northern Ireland.
The orders will take effect from 1 January 2008,
and the increased level of the award will apply to all
causes of action that accrue on or after that date.
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