AR v Secretary of State for Work and Pensions (BB): [2020] UKUT 165 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Mrs Justice Farbey (CP), Judge Ward and Judge Church on 26 May 2020.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
15 June 2020
Categories:
Bereavement and death benefits and Human rights law
Sub-categories:
Bereavement and death benefits - bereaved parents allowance and Human rights law - application of Human Rights Act
Judges:
Three Judge Panel
Decision date:
26 May 2020

Read the full decision in .

Judicial Summary

“Bereavement and death benefits - widowed parent’s allowance � meaning of “spouse� for the purposes of the conditions to entitlement to the benefit in section 39A of the Social Security Contributions and Benefits Act 1992 (the �1992 Act�).

Human rights law � application of Human Rights Act � whether it is “possible� for the purposes of section 3 of the Human Rights Act to interpret “spouse� in section 39A of the 1992 Act to include someone in the position of the appellant, namely a person living with her partner having participated in a religious marriage ceremony which did not satisfy the formal requirements of the Marriage Act 1949, which was not a foreign marriage recognised in English law, and where the presumption of marriage does not apply.�

Decision selected for reporting as [2020] AACR 27

Updates to this page

Published 15 June 2020