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The Upper Tribunal held that Mr Ali was not entitled to Bereavement Support Payment because his late wife had not paid enough qualifying national insurance contributions.
The Upper Tribunal allowed the Secretary of State’s appeal, set aside the First-tier Tribunal decision, and held that BSP was not payable because the deceased paid no qualifying NICs.
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.
Upper Tribunal held that Tell Us Once had no duty to advise on Bereavement Support Payment and that time limits for claiming BSP were not displaced by human rights arguments.
The UK Supreme Court allowed the Secretary of State’s appeal, holding that the Bereavement Support Payment contribution condition was justified and could not be read down.
The Upper Tribunal held that the 2023 Remedial Order did not help claims made before 9 February 2023, so the pre-order law applied and the appeal failed.
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
Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156 (11 October 2023)
The Court of Appeal upheld a read-in exception to the Bereavement Support Payment rules for cases where disability prevented the deceased spouse from working throughout life.
The High Court held that denying bereavement support payment to a surviving spouse where the deceased was unable to work because of disability was unjustified discrimination.
Jwanczuk, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWHC 2298 (Admin) (07 September 2022)
Judicial review over refusal of Bereavement Support Payment succeeded. The court followed O'Donnell and held the contribution condition incompatible in this disability context.
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