In re McLaughlin

Subject Matter

SOCIAL SECURITY — Contributory benefit — Widowed parent’s allowance — Unmarried parents — One parent dying — Surviving parent not entitled to widowed parent’s allowance to which she would have been entitled had she been married to deceased — Whether statutory provision incompatible with Convention rights — Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c 7) (as amended by Welfare Reform and Pensions (Northern Ireland) Order 1999 (SI 1999/3147) (NI 11), art 52(2), Civil Partnership Act 2004 (c 33), Sch 24, para 74 and Child Benefit Act 2005 (c 6), s 2, Sch 1, para 29), s 39A — Human Rights Act 1998, Sch 1, Pt I, arts 8, 14, Pt II, art 1

[2018] UKSC 48; [2018] 1 WLR 4250; [2019] 1 All ER 471; Case details, SC(NI)

Appellate History

Commentary

UK Human Rights Blog
Bereaved mother entitled to widow allowance – Supreme Court Case comment

Blackstones Civil Practice 2023
Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 14: prohibition of discrimination in enjoyment of Convention rights 91.29