JG v Secretary of State for Work and Pensions (BB)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Rowland |
| Neutral Citation | [2021] UKUT 194 (AAC),[2021] UKUT 194 (AAC) |
| Subject Matter | Bereavement,death benefits - bereaved parents allowance,Human rights law - application of Human Rights Act,Tribunal procedure,practice - tribunal practice,Rowland,M |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 24 August 2021 |
JG -v- Secretary of State for Work and Pensions (BB) [2021] UKUT 194 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. CG/1616/2019
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: JG Appellant
- v –
Secretary of State for Work and Pensions Respondent
Before: Deputy Upper Tribunal Judge Rowland
Decision date: 28 July 2021
Decided on consideration of the papers
DIRECTIONS
I defer the making of a decision in this case until after the making of a remedial order
under section 10 of the Human Rights Act 1998 in the light of the declarations of
incompatibility made under section 4 of that Act by the Supreme Court in In re
McLaughlin [2018] UKSC 48; [2018] 1 W.L.R. 4250 and the Administrative Court in
R. (Jackson) v Secretary of State for Work and Pensions [2020] EWHC 183 (Admin);
[2020] 1 W.L.R. 1441.
I direct the Secretary of State to make, within one month of the remedial order
being made, a brief submission as to the implications it has for the final disposal of
this appeal.
I do not reserve this case to myself.
REASONS
1. This is an appeal, brought by the claimant with permission granted by Upper
Tribunal Judge Levenson, against a decision of the First-tier Tribunal dated 21
December 2018, dismissing her appeal against a decision of the Secretary of State
dated 24 November 2016 to the effect that the claimant was not entitled to
bereavement benefit following the death of her partner because she was not legally
married to him at the time of his death on 14 October 2016.
2. The First-tier Tribunal recorded that it was common ground that the Appellant
and her partner had been in a long-term partnership for 12 years and, at the time of
his tragic death in a road traffic accident, they were living together with their son in a
flat that they had bought together. It was also common ground that the Secretary of
State’s decision that the claimant was not entitled to any form of bereavement benefit
because she had not been married to her partner was in accordance with the
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