Brewster v Northern Ireland Local Government Officers' Superannuation Committee [2013] NICA 54 (1 October 2013)

Brewster v Northern Ireland Local Government Officers' Superannuation Committee [2013] NICA 54 (1 October 2013)

The requirement for a nomination form for cohabiting partners under Regulation 25 of the 2009 Regulations is not unjustified or disproportionate. It is a legitimate means of identifying the beneficiary and expressing the member's wishes, and Parliament is entitled to a wide margin of appreciation in social and economic policy. The scheme does not discriminate under Article 14 ECHR and Article 1 Protocol 1. The trial judge applied the wrong test by requiring 'weighty reasons' instead of considering whether the measure was manifestly without reasonable foundation.

Citation
[2013] NICA 54
Parties
Applicant/respondent: Denise Brewster; Respondent/appellant: Northern Ireland Local Government Officers' Superannuation Committee; Notice Party/appellant: Department of the Environment for Northern Ireland; Intervener: Attorney General for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
01 October 2013
Procedural Posture
Judicial Review / Appeal
Outcome
Appeal allowed; order of the court below reversed.
Legal Topics
Discrimination, Survivor's Pension, Article 14 ECHR, Article 1 Protocol 1 ECHR, Proportionality, Margin of Appreciation
Public Law Human Rights Law Pensions Law Discrimination Survivor's Pension Article 14 ECHR Article 1 Protocol 1 ECHR Proportionality +1 more

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Parties

Denise Brewster

Applicant/respondent

Northern Ireland Local Government Officers' Superannuation Committee

Respondent/appellant

Department of the Environment for Northern Ireland

Notice Party/appellant

Attorney General for Northern Ireland

Intervener

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether the requirement for a nomination form for a cohabiting partner to receive a survivor's pension under the Local Government Pension Scheme (NI) 2009 is discriminatory and disproportionate under Article 14 ECHR in conjunction with Article 1 Protocol 1
  2. 2 Whether the difference in treatment between married/civil partners and cohabiting partners is objectively justified

Ratio Decidendi

The requirement for a nomination form for cohabiting partners under Regulation 25 of the 2009 Regulations is not unjustified or disproportionate. It is a legitimate means of identifying the beneficiary and expressing the member's wishes, and Parliament is entitled to a wide margin of appreciation in social and economic policy. The scheme does not discriminate under Article 14 ECHR and Article 1 Protocol 1. The trial judge applied the wrong test by requiring 'weighty reasons' instead of considering whether the measure was manifestly without reasonable foundation.

Court Disposition

Appeal allowed; order of the court below reversed.

Orders

  • The judicial review is dismissed.
  • No survivor's pension payable to the applicant under the scheme due to absence of valid nomination.