Tuesday 13 – Wednesday 14 June 2023
By Appellant’s Notice filed on 28 September 2022, the Secretary of State appeals Kerr J.’s order of 07 September 2022.
Kerr J. allowed the Respondent’s judicial review claim and declared that section 30(1)(d) Pensions Act 2014 should be read and given effect so that the contribution condition is to be treated as met if the deceased was unable to comply with section 3191) throughout her working life due to disability. Kerr J ordered costs in favour of the Respondent.
The Respondent’s had challenged the Secretary of State’s decision not to pay him bereavement support payment because his deceased wife did not meet the national Insurance contributions condition. This is because she was severely disabled so that she was unable to work. The respondent’s challenged the contribution condition on grounds of discrimination. The Judge read down the legislation under s.3 HRA.