Court of Appeal
Rex (Jwanczuk)
v
Secretary of State for Work and Pensions
[2023] EWCA Civ 1156
2023 June 13, 14; Oct 11
Underhill, Elisabeth Laing, Falk LJJ
Judicial precedentDecision of Court of Appeal in Northern IrelandHow far bindingDecision of Court of Appeal in Northern Ireland on identical issue concerning identically-worded legislative provisionsWhether to be followed by Court of Appeal in England and WalesCircumstances in which permissible to depart from such decision
Social securityContributory benefitBereavement support paymentPayment payable to spouse or civil partner of deceased on condition deceased having made sufficient national insurance contributionsSpouse of severely disabled deceased who was unable to meet contribution conditionWhether contribution condition discriminatory Human Rights Act 1998 (c 42), ss 3, 4, Sch 1, Pt I, art 14, Pt II, art 1 Pensions Act 2014 (c 19), ss 30, 31
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