The WLR Daily case summaries
[2023] WLR(D) 414
Court of Appeal
Rex (Jwanczuk) v Secretary of State for Work and Pensions
[2023] EWCA Civ 1156
2023 June 13, 14;
Oct 11
Oct 11
Underhill, Elisabeth Laing, Falk LJJ
Judicial precedent — Ratio decidendi— Whether binding— Whether decision of Court of Appeal in Northern Ireland on identical legislation to be followed
Social security — Contributory benefit— Bereavement support payment— Payment payable to spouse or civil partner of deceased on condition deceased having made sufficient national insurance contributions— Spouse of severely disabled deceased unable to meet contribution condition— Whether contribution condition discriminatory—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14, Pt II, art 1
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Pensions Act 2014 (c 19), ss 30, 31