Kelly v Secretary of State for Work and Pensions

Subject Matter

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 — Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 8, 14

[2024] EWCA Civ 613; [2024] WLR(D) 260, CA