Hooper & Ors, R (on the application of) v Secretary of State for Work and Pensions

Hooper & Ors, R (on the application of) v Secretary of State for Work and Pensions

The statutory regime discriminated against widowers in violation of Article 14 ECHR when read with Article 8, and the discrimination regarding Widow’s Pension was not objectively justified after 1995. Section 3 HRA could not be used to read the statutes as including widowers. The Secretary of State had power to make extra-statutory payments after 2 October 2000 but was not obliged to do so prior to that date. Claims for pre-2 October 2000 discrimination are barred by section 22(4) HRA. Damages are only awarded where just satisfaction requires it; only Mr Martin is entitled to £1,000 for Widow’s Payment, with no further damages or mandatory orders granted.

Parties
Appellants: Hooper, Withey, Naylor, Martin; Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
18 June 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal allowed in part; declaration of incompatibility upheld; limited damages awarded.
Legal Topics
Gender Discrimination, Widow's Benefits, Interpretation of Statutes, Retrospective Application of Law, Remedies Under Human Rights Act
Constitutional Law Human Rights Law Social Security Law Gender Discrimination Widow's Benefits Interpretation of Statutes Retrospective Application of Law Remedies Under Human Rights Act

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Parties

Hooper, Withey, Naylor, Martin

Appellants

Secretary of State for Work and Pensions

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the statutory regime discriminated against widowers in violation of Article 14 ECHR when read with Article 8 or Article 1 of the First Protocol
  2. 2 Whether section 3 of the Human Rights Act 1998 requires the relevant statutes to be read as including widowers
  3. 3 Whether the claimants were 'victims' under the Convention

Ratio Decidendi

The statutory regime discriminated against widowers in violation of Article 14 ECHR when read with Article 8, and the discrimination regarding Widow’s Pension was not objectively justified after 1995. Section 3 HRA could not be used to read the statutes as including widowers. The Secretary of State had power to make extra-statutory payments after 2 October 2000 but was not obliged to do so prior to that date. Claims for pre-2 October 2000 discrimination are barred by section 22(4) HRA. Damages are only awarded where just satisfaction requires it; only Mr Martin is entitled to £1,000 for Widow’s Payment, with no further damages or mandatory orders granted.

Court Disposition

Appeal allowed in part; declaration of incompatibility upheld; limited damages awarded.

Orders

  • Declaration that sections 36 and 37 of the Social Security Contributions and Benefits Act 1992 are incompatible with Convention rights.
  • Damages of £1,000 plus interest awarded to Mr Martin for Widow’s Payment.