NA v Secretary of State for Work and Pensions (BB): [2019] UKUT 144 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 30 April 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 28 May 2019

• Categories: Bereavement and death benefits, Human rights law
• Sub-categories: Bereavement and death benefits - bereaved parents allowance, Bereavement and death benefits - bereavement payments, Human rights law - article 14 (non-discrimination)
• Judges: Wikeley, N
• Decision date: 30 April 2019

Read the full decision in CG/164/2018.

Judicial Summary

Surviving partner’s claim for bereavement payment and widowed parent’s allowance - Claimant married her late partner in Pakistan when he was domiciled in UK and separated but not (at that date) divorced from his first wife - Marriage void under English law: MCA 1973 s.11(c) - Whether refusal of BP and WPA in breach of ECHR Art 14 and A1P1 - Whether position of Appellant in an analogous situation to widow of a recognised lawful marriage - Whether difference in treatment objectively justified and proportionate - Significance of Supreme Court decision in Re McLaughlin [2018] UKSC 48 - Remedies and reading down secondary legislation on “polygamous marriages”

Court of Appeal Decision selected for reporting as [2021] AACR 10

Published 28 May 2019