SK and LL v Secretary of State for Work and Pensions (IS): [2020] UKUT 145 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Church on 16 March 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 24 June 2020

• Categories: European Union law, Human rights law, Maternity benefits
• Sub-categories: Maternity benefits - other
• Judges: Church, TH
• Decision date: 16 March 2020

Read the full decision in CIS/620/2019 & CIS/2245/2018.

Judicial Summary

Sure Start Maternity Grants – whether application of Regulation 5A of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (which disallows a claim for a Sure Start Maternity Grant if the claimant already has another child in her family under the age of 16), discriminates unlawfully against refugees with “pre-flight” children. Considers position under EU law (Article 28 of Qualification Directive) and under human rights law (A1 P1 read with Article 14).

Published 24 June 2020