In the matter of an application by Siobhan Mclaughlin for Judicial Review (Northern Ireland)

[2018] UKSC 48
UKSC 2017/0035
In the matter of an application by Siobhan Mclaughlin for Judicial Review (Northern Ireland)

The appellant lived with her partner (Mr Adams) as man and wife for 23 years until his death in January 2014. During their 23-year relationship the appellant and her partner had four children together, all of whom lived with them. A key component of the family income is derived from state benefits. The appellant claimed Bereavement Payment and Widowed Parent’s Allowance but was refused by the respondent because she was neither married to nor a civil partner of Mr Adams at the date of his death. Both these state benefits are contributory and are based on payments by a deceased from occupational income and payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
The appellant applied for judicial review of the refusal. The judge granted her application, and made a Declaration of Incompatibility that section 39A(1) was incompatible with Article 14 of the European Convention on Human Rights read with Article 8, in that it unlawfully discriminated against her based on her marital status. The Court of Appeal overturned the judge’s decision.
The issue is: whether section 39A(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which provides for payment of a Widowed Parent’s Allowance is incompatible with Article 14 of the European Convention on Human Rights read with Article 8 and/or Article 1 of Protocol 1.
The Supreme Court, by a majority of 4 to 1, allows the appeal