NA v Secretary of State for Work and Pensions (BB): [2019] UKUT 144 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 30 April 2019.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
28 May 2019
Categories:
Bereavement and death benefits and Human rights law
Sub-categories:
Bereavement and death benefits - bereaved parents allowance, Bereavement and death benefits - bereavement payments and Human rights law - article 14 (non-discrimination)
Judges:
Wikeley, N
Decision date:
30 April 2019

Read the full decision in .

Judicial Summary

Surviving partner鈥檚 claim for bereavement payment and widowed parent鈥檚 allowance - Claimant married her late partner in Pakistan when he was domiciled in UK and separated but not (at that date) divorced from his first wife - Marriage void under English law: MCA 1973 s.11(c) - Whether refusal of BP and WPA in breach of ECHR Art 14 and A1P1 - Whether position of Appellant in an analogous situation to widow of a recognised lawful marriage - Whether difference in treatment objectively justified and proportionate - Significance of Supreme Court decision in Re McLaughlin [2018] UKSC 48 - Remedies and reading down secondary legislation on 鈥減olygamous marriages鈥�

Court of Appeal Decision selected for reporting as [2021] AACR 10

Updates to this page

Published 28 May 2019