FY v Secretary of State for Work and Pensions (RP): [2018] UKUT 146 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 25 April 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 4 May 2018

• Categories: Retirement pensions, Tribunal procedure and practice
• Sub-categories: Retirement pensions - increases for spouse or dependant, Retirement pensions - other, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 25 April 2018

Read the full decision in CP/1710/2017.

Judicial Summary

Retirement Pensions - abolition of Category B retirement pension - whether any appealable decision about entitlement of spouse to Cat B state pension - FTT directed oral hearing at request of Secretary of State - Appellant, living in Canada, argued that rule 27 in breach of ECHR art 6 as failed to provide equality of arms to unrepresented appellant who could not attend oral hearing - Steel & Morris v UK and Svencioniene v Lithuania (both ECtHR) considered.

Published 4 May 2018