THE campaign to gain equal entitlement to benefits for widowers' moves a step forward on Monday when solicitors will ask the High Court to hear a test case.

If the court agrees, the case could be heard in the middle of next year and could bring satisfaction to a group of around 200 claimants who are being represented by the London legal firm Royds Treadwell.

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

Lionel Turk, 64, of Horrabridge, is one of those who could be included in the test case group of up to 20 claimants on Monday. His wife died in 1997, aged 60.

'Had I gone first she could have claimed a widow's pension on my contributions, but it does not work the other way round,' he said.

'The law is antiquated. It was fair when men worked down the mines and usually died first, but these days it is often the wife who dies first.'

Mr Turk, who is not eligible for his company pension until he reaches 65, lodged a claim with the Benefits Agency and instructed Royds Treadwell to pursue his case.

The government has already settled with two claimants who threatened to take the issue to the European Court of Human Rights. It is talking to some others with a view to settling, but is said to be requiring 'confidentiality', to prevent a rush of new claims.

Royds Treadwell solicitor Julia Davenport said the government might decide to settle with the claimants before the test case reached the court.

'The government has filed a defence, but it contains nothing which is not arguable,' she said. 'For many claimants, to win their claim would be a godsend.'

Geoffrey Cox, prospective Conservative candidate for West Devon and Torridge and a barrister, is conducting the case on Monday. He is encouraging widowers to use the Human Rights Act which came in on October 2 to enforce equality between the sexes.

He said that they had a very good argument and should be successful if their cases came to the High Court.

The Citizens' Advice Bureau has invited widowers to discuss their cases with it and several charities and local councils' welfare rights groups have also become involved.