R (on the application of Jwanczuk) (Respondent) v Secretary of State for Work and Pensions (Appellant)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

UKSC/2023/0152

Parties

Appellant(s)

Secretary of State for Work and Pensions

Respondent(s)

Daniel Richard Jwanczuk

Issue

This appeal concerns a claim for bereavement support payment (“BSP”). BSP is a non-means-tested contributory benefit, the purpose of which is to assist with the additional expenditure typically associated with bereavement. Under sections 30-31 of the Pensions Act 2014 (the “2014 Act”), a person is entitled to BSP if (among other things) their spouse dies and, for at least one tax year during the deceased’s working life, he or she paid national insurance contributions (“NICs”) (the “Contribution Condition”). The issues raised by this appeal concern: (i) the circumstances in which courts in England and Wales may depart from decisions of appellate courts in Northern Ireland and Scotland regarding the same or substantially similar legislation; (ii) whether the inability to work during one’s lifetime as a result of a disability constitutes an “other status” for the purposes of Article 14 of the Convention; (iii) whether the policy behind the Contribution Condition justifies interference with Convention rights; and (iv) whether the CA was wrong in this case to have awarded the respondent an interpretive remedy under section 3 of the Human Rights Act 1998 (the “HRA”), rather than making a declaration of incompatibility under section 4 of the HRA.

Facts

The respondent made a claim for BSP following the death of his wife, who was severely disabled throughout her life and therefore did not work. In October 2021, the appellant upheld a decision refusing the respondent’s application for BSP on the basis that his wife had not paid NICs. In January 2022, the respondent began judicial review proceedings against the appellant, claiming that the absence of an entitlement to BSP in cases where the deceased spouse had been unable to work as a result of disability constituted a breach of the Convention. The respondent relied principally on a decision of the Northern Ireland Court of Appeal, which had upheld a claim challenging the same rule provided for by benefits legislation in Northern Ireland. The High Court upheld the respondent’s claim, and the Court of Appeal dismissed the appellant’s appeal. The appellant now appeals to the UK Supreme Court.