The Supreme Court will today and tomorrow hear the appeal in R (on the application of Jwanczuk) (Respondent) v Secretary of State for Work and Pensions (Appellant).
The 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. A person is entitled to BSP if their spouse dies and has actually paid a certain level of Class 1 or 2 National Insurance Contributions for at least one tax year during their working life (“the Contribution Condition”). In this case the respondent made a claim for BSP following the death of his wife, who was severely disabled throughout her life and did not work.
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 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 Court of Appeal 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.
Zoe Gannon is representing the Treasury Solicitor being led by First Treasury Counsel, Sir James Eadie.
Zoe Gannon acted in the Court of Appeal and High Court led by Clive Sheldon KC formerly of chambers before he went to the bench. This case was heard by Tim Kerr J in the High Court and the Court of Appeal bench included Elizabeth Laing LJ both formerly of 11KBW.
