| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 339 (Mar) |
| Neutral Citation: | [2006] EWCA Civ 282 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Tuckey, Carnwath and Jacob LJJ |
| Representation | Richard Drabble QC and Simon Cox (instructed by Oldham District Citizens Advice Bureau) for the claimants. |
| Philip Sales and Ben Hooper (instructed by the Office of the Solicitor to the Department of Work and Pensions) for the Secretary of State. | |
| Judgment Dates: | 23 March 2006 |
Catchwords
Social security - Funeral payment - Entitlement - Condition that benefit payable in respect of funerals held in United Kingdom - Claimants claiming benefit in respect of funerals in deceased's country of origin - Whether refusal of claims discriminatory - , Sch 1, Pt 1, art 14 - Social Fund Maternity and Funeral Expenses (General) Regulations 1987, , reg 7(1)(b)(ii).
The Case
The refusal of claims for funeral payments under reg7(1)(b)(ii) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987, on the ground that the funerals had not been held in the United Kingdom, but had rather taken place in the countries of origin of the deceased, all of whom were relatively recent migrants from Muslim countries, was not discriminatory within the terms of art14 of the European Convention on Human Rights.
Practice Areas
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
