R (Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42

Описание: R (on the application of Jwanczuk) (Respondent) v Secretary of State for Work and Pensions (Appellant)

https://www.supremecourt.uk/cases/uks...

UKSC/2023/0152

[2025] UKSC 42

On appeal from [2023] EWCA Civ 1156

The respondent made a claim for BSP following the death of his wife, who was severely disabled throughout her life and who did not make national insurance contributions. In October 2021, the appellant upheld a decision refusing the respondent’s application for BSP on the basis that his wife had not satisfied the contribution condition. In January 2022, the respondent began judicial review proceedings against the appellant, claiming that the absence of an entitlement to BSP in cases where the deceased spouse had been unable to work as a result of disability constituted a breach of his Convention rights. The respondent placed considerable reliance on a decision of the Northern Ireland Court of Appeal, which had upheld a claim challenging the contribution condition provided for by benefits legislation in Northern Ireland. The High Court upheld the respondent’s claim, and the Court of Appeal dismissed the appellant’s appeal. The appellant now appeals to the UK Supreme Court.

The issues are:

This appeal concerns a claim for bereavement support payment (“BSP”). BSP is a non-means-tested contributory benefit, which provides financial help to people whose spouse or partner has died. BSP will only be paid to the surviving spouse or partner if the conditions specified in the Pensions Act 2014 (the “2014 Act”) are met. These include the “contribution condition” described in sections 30 and 31, which requires that for at least one tax year during the deceased’s working life, he or she paid national insurance contributions.

The two main issues raised by this appeal are:

(i) the treatment due by appellate courts in one UK jurisdiction of decisions from another UK jurisdiction regarding the similar or materially identical legislation;

(ii) whether the contribution condition unlawfully discriminates against Mr Jwanczuk under article 14 of the European Convention on Human Rights (the “Convention”) read together with article 1 of the First Protocol to the Convention .

The Supreme Court unanimously allows the Secretary of State's appeal.

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