Cooper v Secretary of State for Work and Pensions

Cooper v Secretary of State for Work and Pensions

The statutory provisions governing widow’s pension and bereavement allowance are clear and limited to women whose husbands have died; this discrimination is objectively justified according to binding House of Lords authority, and the Commissioner’s decision was not erroneous in law.

Parties
Claimant/appellant: David Anthony Cooper; Defendant/respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
17 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Widower's Pension, Bereavement Allowance, Gender Discrimination, Statutory Interpretation, Human Rights
Social Security Law Equality and Discrimination Law Widower's Pension Bereavement Allowance Gender Discrimination Statutory Interpretation Human Rights

Case Brief

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Parties

David Anthony Cooper

Claimant/appellant

Secretary of State for Work and Pensions

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the refusal to grant widower's pension or bereavement allowance to the claimant was unlawful discrimination under domestic or human rights law
  2. 2 Whether sections 36 to 38 of the Social Security Contributions and Benefits Act 1992 can be construed in a gender-neutral way
  3. 3 Whether the decision of the Social Security Commissioner was erroneous in law

Ratio Decidendi

The statutory provisions governing widow’s pension and bereavement allowance are clear and limited to women whose husbands have died; this discrimination is objectively justified according to binding House of Lords authority, and the Commissioner’s decision was not erroneous in law.

Court Disposition

application refused

Orders

  • Application for permission to appeal is dismissed.