Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156 (11 October 2023)

Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156 (11 October 2023)

The Court of Appeal held that the High Court was correct to follow the Northern Ireland Court of Appeal decision in O'Donnell unless it was clearly wrong, given the identical statutory provisions and the need for uniformity. The status of being the spouse of a deceased person unable to work throughout their working life due to disability is a valid 'other status' for Article 14 purposes. The refusal of BSP in such cases constitutes Thlimmenos discrimination, and the contribution condition in section 31 of the Pensions Act 2014 can and should be read compatibly with the ECHR to include an exception for lifelong inability to work due to disability.

Citation
[2023] EWCA Civ 1156
Parties
Claimant/respondent: Daniel Richard Jwanczuk; Defendant/appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Bereavement Support Payment, Disability Discrimination, Article 14 ECHR, Interpretation of Statutes, Judicial Review, Parity Principle
Social Security Law Human Rights Law Administrative Law Bereavement Support Payment Disability Discrimination Article 14 ECHR Interpretation of Statutes Judicial Review +1 more

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Parties

Daniel Richard Jwanczuk

Claimant/respondent

Secretary of State for Work and Pensions

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether refusal of Bereavement Support Payment (BSP) where the deceased was unable to work due to disability constitutes unlawful discrimination under Article 14 ECHR
  2. 2 Whether the status of 'spouse of a deceased person unable to work throughout working life due to disability' is a valid 'other status' under Article 14
  3. 3 Whether the contribution condition in section 31 of the Pensions Act 2014 can be read compatibly with the ECHR to include an exception for lifelong inability to work due to disability

Ratio Decidendi

The Court of Appeal held that the High Court was correct to follow the Northern Ireland Court of Appeal decision in O'Donnell unless it was clearly wrong, given the identical statutory provisions and the need for uniformity. The status of being the spouse of a deceased person unable to work throughout their working life due to disability is a valid 'other status' for Article 14 purposes. The refusal of BSP in such cases constitutes Thlimmenos discrimination, and the contribution condition in section 31 of the Pensions Act 2014 can and should be read compatibly with the ECHR to include an exception for lifelong inability to work due to disability.

Court Disposition

Appeal dismissed

Orders

  • Section 31 of the Pensions Act 2014 is to be read as including an exception for cases where the deceased was unable to comply with the contribution condition throughout their working life due to disability.
  • The matter of whether the deceased in this case was in fact unable to work throughout her working life is to be determined by the First-tier Tribunal.