JE v Secretary of State for Work and Pensions (SF): [2022] UKUT 12 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 12 January 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 February 2022

• Categories: European Union law, Human rights law and Winter fuel payments
• Sub-categories: European Union law - Council directive 79/7/EEC and Human rights law - article 14 (non-discrimination)
• Judges: Wikeley, N
• Decision date: 12 January 2021

Read the full decision in CIS/191/2021.

Judicial Summary

Winter fuel payment (WFP) - Claims for WFP and automatic awards of WFP to existing claimants of other benefits - Whether regulation 4 of the Social Fund WFP Regulations 2000 indirectly discriminatory against men - CIS/2497/2002 considered - Whether claimant in an analogous situation to woman with same birth date who claimed state pension at an earlier age and so received automatic award of WFP - Whether objective justification for any differential treatment.

Published 9 February 2022