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Forum Home  →  Discussion  →  Equalities and human rights  →  Thread

BSP: NI requirement & disability - anyone know of any cases?

Lindesay
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Down to Earth, Quaker Social Action, London

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Total Posts: 2

Joined: 26 October 2018

Hi all,

As was reported on here, in August last year (see link below) the Court of Appeal in Northern Ireland has ruled that the requirement for a deceased person to have paid national insurance (NI) contributions in order for their surviving partner to qualify for bereavement support payment is incompatible with Article 14 of the European Convention on Human Rights (ECHR). The particular circumstances of the case were that the deceased had never been able to work due to a progressive degenerative disorder so could not have met the requirements.

Does anyone know of any similar cases that have gone to court in England and Wales? Northern Ireland do not seem to be responding at all the the ECHR judgement and campaigners and legal teams would be very grateful to know of any similar cases that have been pursued through the courts in England and Wales.

Please do post a reply if you do and I can put you in touch with the relevant person if needed.

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/denial-of-bereavement-support-payment-to-family-of-a-deceased-woman-who-had-been-unable-to-work-and-pay-ni-contributions-due-to-severe-disability-breached-echr

Many thanks,
Lindesay

Lindesay
forum member

Down to Earth, Quaker Social Action, London

Send message

Total Posts: 2

Joined: 26 October 2018

Hi everyone,

I have moved this post here from the ‘Other’ section in the hope it might get more interest! It may just be that no one has any cases to share, but if you do it would be really helpful.

Thanks,
Lindesay