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.
Source excerpt
- Article 14 echr
- Bereavement support payment
- Indirect discrimination
- Interpretation under human rights act
- Contributory benefits