NA v Secretary of State for Work and Pensions (BB): [2019] UKUT 144 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 30 April 2019.
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Judicial Summary
Surviving partner’s claim for bereavement payment and widowed parent’s allowance - Claimant married her late partner in Pakistan when he was domiciled in UK and separated but not (at that date) divorced from his first wife - Marriage void under English law: MCA 1973 s.11(c) - Whether refusal of BP and WPA in breach of ECHR Art 14 and A1P1 - Whether position of Appellant in an analogous situation to widow of a recognised lawful marriage - Whether difference in treatment objectively justified and proportionate - Significance of Supreme Court decision in Re McLaughlin [2018] UKSC 48 - Remedies and reading down secondary legislation on “polygamous marriages”
Court of Appeal Decision selected for reporting as [2021] AACR 10