The Law Reports (King's Bench Division)
[2024] KB 275
Court of Appeal
Rex (Jwanczuk)
v
Secretary of State for Work and Pensions
[2023] EWCA Civ 1156
2023 June 13, 14; Oct 11
Underhill, Elisabeth Laing, Falk LJJ
Judicial precedent— Decision of Court of Appeal in Northern Ireland— How far binding— Decision of Court of Appeal in Northern Ireland on identical issue concerning identically-worded legislative provisions— Whether to be followed by Court of Appeal in England and Wales— Circumstances in which permissible to depart from such decision
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 who was unable to meet contribution condition— Whether contribution condition discriminatory—
Human Rights Act 1998 (c 42), ss 3, 4, Sch 1, Pt I, art 14, Pt II, art 1
—
Pensions Act 2014 (c 19), ss 30, 31