The WLR Daily case summaries
[2024] WLR(D) 260
Court of Appeal
Kelly v Secretary of State for Work and Pensions
[2024] EWCA Civ 613
2024 March 6,7;
June 5
June 5
Underhill, King, Elizabeth Laing LJJ
Social security— Bereavement benefit— Unmarried heterosexual couple— Entitlement to benefit at relevant time available to homosexual couple by marriage or civil partnership but not to heterosexual unmarried couple who not be in civil partnership— Whether applicable provisions discriminatory— Whether difference in treatment justified— Ostensible discrimination having since been remedied by legislation— Transitional provisions remaining in play— Whether appropriate to make declaration of incompatibility with Human Rights Convention—
Social Security Benefits and Contributions Act 1992 (c 4), ss 36, 39B
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Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 8, 14