AR v Secretary of State for Work and Pensions (BB): [2020] UKUT 165 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Mrs Justice Farbey (CP), Judge Ward and Judge Church on 26 May 2020.
Read the full decision in .
Judicial Summary
“Bereavement and death benefits - widowed parent’s allowance – meaning of “spouse” for the purposes of the conditions to entitlement to the benefit in section 39A of the Social Security Contributions and Benefits Act 1992 (the “1992 Act”).
Human rights law – application of Human Rights Act – whether it is “possible” for the purposes of section 3 of the Human Rights Act to interpret “spouse” in section 39A of the 1992 Act to include someone in the position of the appellant, namely a person living with her partner having participated in a religious marriage ceremony which did not satisfy the formal requirements of the Marriage Act 1949, which was not a foreign marriage recognised in English law, and where the presumption of marriage does not apply.”
Decision selected for reporting as [2020] AACR 27