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Pension agony of grieving partner
Wednesday 30th April 2008, 11:45AM BST.
Black Country binman Michael Fletcher shared a loving home with his partner for 30 years and the couple raised three sons – but she will not get a penny of his pension because they were not married.
Despite their long relationship, Michael’s sweetheart Linda Timmins has been frozen out of payments under Department of Work and Pensions (DWP) guidelines. Linda, of Wallows Road, Dudley Fields, Brierley Hill, was devastated when Michael died of a heart attack last month on holiday in Spain, aged 54.
Now the ruling that Linda is not eligible for his pension has compounded the family’s grief.
Their anger has been fuelled by the revelation that Wolverhampton Ring Road tramp Fred’s unclaimed state pension of £100,000 is being sent to relatives he never knew in Germany and Croatia.
Mr Fletcher worked as a refuse collector for Dudley Council for 32 years and paid into his pension over that period. But the money is set to be returned to the pension fund. Linda Timmins said it had come as a shock.
She was forced to give up her job as a caretaker at Pensnett School of Technology because of back problems and had hoped Michael’s pension would provide her with a financial lifeline.
She said: “Because we had lived together for so long, I was under the impression we had the same legal rights as a married couple.”
“However, it seems as if this is simply not the case. I am sure if Michael had known this would have happened, we would have got married.”
Miss Timmins said she and Mr Fletcher’s sister Eileen Pearson had already written to the Prime Minister and Dudley South MP Ian Pearson asking them to intervene.
“We bought a house together and raised three sons Michael, now 30, Mark, aged 26, and Matthew, now 18,” she said.
“After all this it is shocking to find you are not entitled to the same rights as a married couple.”
She said they had been told by the DWP she has the right to appeal.
A spokesman for the DWP confirmed that there were guidelines excluding partners who were not married from pension rights.
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I DO NOT BELIEVE THIS!!!!!
APPEAL, APPEAL, APPEAL, APPEAL, APPEAL, APPEAL!!!!!!!!!!!!!!!!!
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My dear Linda – shout ‘HUMAN RIGHTS’ It works for everything! I wish you luck with this and I hope that it goes your way – as it should have done in the first place! And also get in touch with the national news papers – the News of the World should be a good choice! Best of luck!
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i am outraged!!! whoever said she could not collect the money should be hanged!!!!
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What a crock – She should be entitled to claim this money. The people at DWP need to wake up and smell the coffee!! And the fact that they are sending £100,000 to people who don’t even live in this coutry and haven’t paid a penny into it is an absolute disgrace!!
Appeal – GIVE EM HELL!!!
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Its not fair, as Michael worked hard all of his life. I think his partner should receive his pension.
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just typical of this country that she has to appeal disgrace
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Flaming eck, if this is the case, I better get married quick.
I hope this Lady get’s the pension money.
This country get’s crazier everyday
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I was under the impression that couples living together had the same rights as married couples after 2 years. The system in this country is an absolute joke. I have been with my partner who is a fire-fighter for 8 years and we have a child together. So would the same apply to me????
This needs to be sorted as there is more couples just living together then there is married ones so this sort of thing is gonna be happening more often. It is a disgrace
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I bet if he’d have left any debts,they would have been expecting his partner to pay up?
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This is staggering. So if couples choose not to marry (for whatever reason) and the time comes where one passes, the grieving partner gets nothing…how can this be right? It’s appalling for sure but will never be right in a million years.
Best of luck with your appeal and sorry to hear of your loss.
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Did Micheal make a will ? I would advise all couples living together to see a solicitor to check their legal rights.
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I do feel for Linda but why do soo many people not get married! If they want to spend the rest of their lives together then marriage is the way. I am 24 and have been married for 2 years it never even crossed my mind not to, I love my husband and wanted to show him and others that, by getting married.
I agree with Paul if you do choose not to marry a will is the only way to make sure your wishes are heard if the unthinkable happens.
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Not surprised in the least. this is our goverment afterall! It’s a shame and i hope the partner gets the money she deserves.
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I was under the belief that there is a preumption
“That if you had lived to-gether for a period of 7 years you were preumed to be Man & Wife”–This lady should get Legal Aid and fight this–My heart goes out to her and the family–Dave H
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every one should make a will it will save you loads of hassle
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does anybody know if this was a state pension or private pension perhaps through his work.
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It is common knowledge that there is no such thing as ‘common law’ rights.
Why can’t people take responsibilty for finding out about these things BEFORE something terrible happens?
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I’m afraid there is no such thing as common law rights. So as other people have said you get married or make a will, its as simple as that.
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Well said John’
Im a Daughter of a mom that died few months ago she was on here own left nothing so as i went to hospital and watch here die and then did right thing by aranging funeral as only child get told im responsible for here funeral and try get a grant that a joke turn me down as im not on a income related just that i had bad fall and broke my ribs and on incapacity
My dad was in army trying to get help from British Legeon that was over 2 Months ago
so now im being hastled with threats to send this money of almost £2,000 to a debt collection agency
All there life mom and dad worked then you get nothing back at all for working all your life in this country
its a total disgrace
My Heart goes out to this lady as the British system has gone to pot.
Then they wonder why all the cheap labour from people abroad are all going back to there own countries they relise this country had it totally
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This is absolutely disgusting! What has this country come to!? People who are from this country work hard and are honest get what in return???? It’s seriously making me think whether I want to live here anymore. This is just the icing on the cake!!
I’m so sorry for your loss, it’s just very dissapointing when you lose someone you love and then have to put up with this s!*t
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Private pensions, which I am assuming this is with the local authority, have terms and conditions which apply to everyone, my own provides for 50% (not a great deal on my small pension) to go to my husband but you have to provide a document stating this, it is by no means guaranteed even though we are married. Willing your pension to someone does not work either as it is up to the pension provider. State pensions are in a persons own right whether married or not. Still, I hope this lady has success with this as, after all, she has contributed to the household over their years together enabling the pension contributions to be paid in the first place.
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APPEAL- It is for the descretion of the Pension Director’s each case is different. APPEAL this is your right. A lump sum should at least be awarded to the Children.
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I agree with no.21 realist. A form goes out to those on a loal authority pension , asking who the beneficiaries will be in the event of a death….
that said my heart does go out to this lady and her family – but would defo advise to check your legal position with this.
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Penny Pinching DWP hitting the vulnerable and easy targets again, ask anyone who has applied for pension credits or anything else involving the DWP they make so many mistakes they could not see a genuine claim if it hit them in the face
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Marriage is still important especially if you have young children. No-one expects to die young, but the loss both emotionally and finacially is enormous.
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that is a total joke i am glad i got out to australia back in 1973
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What a bloody disgrace. There is no such thing as a common law wife but there is such a thing as common decency. This man worked hard all his life, have some compassion.
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As a binman presumably her partner was a memeber of the West Midlands Local Gocvernment Scheme.
This certainly has provisions for a “Spouse Equivalent” to receive the same benefits that would apply to a married partner.
She needs to make sure that she chases this pension up, as it is probably larger than any state benefits.
If her partner was in the Union then I’m sure they will be able to help her claim her full entitlements?
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28. The Spouse Equivalent Pension came in from this April. She would still get 2 times his salary as a one-off & if the kids are under 18 they get a pension as well, so she is getting somethin surely.
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12,17 and18 Spot on.
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michaels death was actually march 17th and unfortunatley just before this new april law to give spouses the same rights as married couples.i have read with intrest the varied comments and believe that yes if michael had debts coming to light after his death then linda would be penalised for this.so why not the other way round.ok they werent married,so surely then that would mean she wouldnt have to pay his debts either.but no because this country and the powers that be change the rules to suit themselves.i believe in marriage but would never force the issue onto someone and guess whats gunna happen now folks.Loads of folk are gunna panic,get married and well have extra divorces on our hands.mmmmmm things need to be looked at again.we as lindas family will make sure we fight this,as linda worked,kept house and raised the boys,so surely to god the pension was theirs together as they both contributed in different ways.
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ENGLAND LAND OF NO HOPE OR GLORY ANY MORE
HOW VERY SAD THIS READING IS.
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