Source: All England Reporter
Publisher Citation: [2005] All ER (D) 60 (May)
Neutral Citation: [2005] UKHL 29
Court: House of Lords
Judge:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote and Lord Brown of Eaton-under-Heywood
Representation James Goudie QC and Jason Coppel (instructed by Loosemores) for the first claimant.
  Geoffrey Cox QC and Edward Risso-Gill (instructed by Royds RDW) for the second, third and fourth claimants.
  Philip Sales and Jemima Stratford (instructed by the Solicitor to the Department of Work and Pensions) for the Secretary of State.
Judgment Dates: 5 May 2005

Catchwords

Social security - Benefits - Bereavement benefits - Benefits payable to widows but not to widowers - Statutory scheme discriminating against widowers - , ss 36, 37, 38 - , s 6, - European Convention on Human Rights, arts  8, 14, First Protocol, art 1.

The Case

The preservation of widows pensions for widows bereaved before 9 April 2001 was objectively justified, and involved no breach of rights under the European Convention on Human Rights. The payment of widow's payment and widowed mother's allowance to widows without making similar payments to widowers, was immunised by s6(2)(b) of the .

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