||All England Reporter
|| All ER (D) 339 (Mar)
|| EWCA Civ 282
||Court of Appeal, Civil Division
Tuckey, Carnwath and Jacob LJJ
||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.
||23 March 2006
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 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.
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