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High Court determines that the exclusion from 'widow’s, widowers or surviving civil partner’s contributory pension' (WCP) of a non-marital partner of a woman who died leaving three minor children was not unconstitutional, on the grounds that: (a) the purpose of WCP was to provide benefit to bereaved spouses, not bereaved children, and the fact that the couple had had children did not affect the entitlement; (b) the restriction of WCP to spouses and civil partners was a legitimate policy decision by the Minister; (c) the exclusion of non-marital partners was not arbitrary or indirect discrimination; and (d) the decision of the couple not to get married meant they did not assume the particular rights and obligations between spouses that marriage entailed, which included the entitlement to WCP.
Judicial review - claim by partner and children of woman who died of breast cancer - whether partner entitled to 'widow’s, widowers or surviving civil partner’s contributory pension' (WCP) - Chapter 18 of Part 2 of the Social Welfare Consolidation Act 2005 - no marriage or civil partnership - whether exclusion unconstitutional - rationale for WCP - whether children of partnership affected entitlement - child benefit - whether distinction rational or arbitrary - whether indirect discrimination - whether WCP was to support bereaved families or bereaved spouses - decision of parents not to enter marriage contract - decision to get married - delay in marriage because of pandemic - presumption of constitutionality.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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