Bereavement Support Payment and deceased never worked/paid NI

Good morning. I have a client whose wife has died but he has been refused BSP as she did not pay any NI.  She had a lifelong severe illness which prevented her working. Has anyone challenged the DWP’s decision based on O’Donnell v Department for Communities?  I would be interested to hear if there was any success or what the DWP response was.  Many thanks

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