R (Jwanczuk) v Secretary of State for Work and Pensions

Subject Matter

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 — Pensions Act 2014 (c 19), ss 30, 31

[2022] EWHC 2298 (Admin); [2023] 1 WLR 711; [2023] 2 All ER 769; [2022] WLR(D) 369, QBD

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

[2023] EWCA Civ 1156; [2024] KB 275; [2024] 2 WLR 795; [2024] 3 All ER 283; [2023] WLR(D) 414, CA

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

[2023] EWCA Civ 1156; [2024] KB 275; [2024] 2 WLR 795; [2024] 3 All ER 283; [2023] WLR(D) 414, CA

[2025] UKSC 42; [2025] 3 WLR 741; [2025] WLR(D) 581, SC(E)

JUDICIAL PRECEDENT — Decision of Court of Appeal in Northern Ireland — Weight to be accorded to — 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

[2025] UKSC 42; [2025] 3 WLR 741; [2025] WLR(D) 581, SC(E)

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), Sch 1, Pt I, art 14, Pt II, art 1 — Pensions Act 2014 (c 19), ss 30, 31

[2025] UKSC 42; [2025] 3 WLR 741; [2025] WLR(D) 581, SC(E)

Appellate History