Daniel Richard Jwanczuk v Secretary of State for Work and Pensions

Daniel Richard Jwanczuk v Secretary of State for Work and Pensions

The Court of Appeal held that the exclusion from Bereavement Support Payment for spouses of deceased persons unable to work throughout their working life due to disability constitutes unjustified discrimination under Article 14 ECHR. The relevant status is valid, the contribution condition is not proportionate in its discriminatory effect, and it is possible under section 3 Human Rights Act to read in an exception for such cases. The Court followed the Northern Ireland Court of Appeal decision in O'Donnell, finding no compelling reason to depart from it.

Parties
Claimant/respondent: Daniel Richard Jwanczuk; Defendant/appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Article 14 ECHR, Bereavement Support Payment, Indirect Discrimination, Interpretation Under Human Rights Act, Contributory Benefits
Human Rights Social Security Law Discrimination Law Article 14 ECHR Bereavement Support Payment Indirect Discrimination Interpretation Under Human Rights Act Contributory Benefits

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Parties

Daniel Richard Jwanczuk

Claimant/respondent

Secretary of State for Work and Pensions

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether exclusion from Bereavement Support Payment due to inability to work from disability breaches Article 14 ECHR
  2. 2 Whether the status of 'spouse of a deceased unable to work due to disability' is a valid 'other status' under Article 14
  3. 3 Whether the contribution condition is justified under proportionality analysis

Ratio Decidendi

The Court of Appeal held that the exclusion from Bereavement Support Payment for spouses of deceased persons unable to work throughout their working life due to disability constitutes unjustified discrimination under Article 14 ECHR. The relevant status is valid, the contribution condition is not proportionate in its discriminatory effect, and it is possible under section 3 Human Rights Act to read in an exception for such cases. The Court followed the Northern Ireland Court of Appeal decision in O'Donnell, finding no compelling reason to depart from it.

Court Disposition

Appeal dismissed

Orders

  • Section 31 of the Pensions Act 2014 to be interpreted so that the contribution condition is treated as met if the deceased was unable to comply throughout their working life due to disability.
  • No declaration of incompatibility; remedy granted under section 3 Human Rights Act.