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The Upper Tribunal set aside the First-tier Tribunal’s decision and held that DF was not entitled to Bereavement Support Payment because the deceased had not met the contribution condition.
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.
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