ANOTHER West Devon widower is considering legal action against the government to prove his entitlement to benefit.

He is Arthur Smith, of Rundlestone, Princetown, who has just retired at 60 as Yelverton's postman. His wife, Eunice died, last year aged 62, having worked for more than 30 years as a legal administrator.

Mr Smith thinks he should be entitled to widower's benefit on his late wife's National Insurance contributions. He has made an application to the Social Security Department and is awaiting a response.

'If we are going to have equality, it should be between pensions too,' he said.

A national campaign to gain equal entitlement to benefits for widowers has been given High Court approval for a test case. The case returns to the court today (Thursday) for a progress review.

There is a prospect of a sizeable financial windfall to perhaps hundreds of elderly men in West Devon and East Cornwall. The government has filed a defence and the test case looks likely to be heard towards the end of the year.

The rules on benefits will change in April, when the new bereavement benefit will be paid equally to men and women. But in the meanwhile widowers have no entitlement on their late wives' contributions.

Mr Smith said the DSS had already settled with two claimants in a 'clandestine deal'.

'I can't see how they could do this, when it should set a precedent for the rest of the claimants,' he said.

Geoffrey Cox, prospective Conservative candidate for West Devon and Torridge and a barrister, is conducting the High Court case.

He said the government was 'attempting to hush up' the issue because of the potential volume of claims and its impact on the Social Security budget. He would be trying to get as many widowers as possible to make a claim, he added.

The first local man to start legal action on the subject was Lionel Turk, 64, of Horrabridge. His wife died in 1997, aged 60. Mr Turk, who is not eligible for his company pension until he reaches 65, has lodged a claim and instructed London solicitors Royds Treadwell to pursue his case. Mr Smith has also been in touch with Royds Treadwell.