The Northern Ireland High Court ruled that denial of widowed parent’s allowance, in accordance with the 1992 Social Security Act, to unmarried parents is not justified. The court held that in excluding the applicant from a benefit whose purpose is to alleviate financial burden on a family, the legislation discriminated on the basis of marital status. This in turn violated article 8 of the European Convention on Human Rights (ECHR), which addresses the right to respect for family life.
Under current legislation people who are married, or in a civil partnership, may be entitled to claim a lump sum of £2,000 when their spouse passes away, and a weekly payment of parent’s allowance if there are children. Cohabitees do not receive an equivalent allowance.
The Court drew attention to the fact that even allowing for the State’s margin of appreciation the exclusion of the applicant from the Widowed Parent’s Allowance on the ground of marital status could not be justified. Mr Justice Tracey noted the restriction ‘’appears to be inimical to the interests of children’’. The Court noted parents were under an obligation to maintain their children irrespective of marital status.
The ruling follows November’s recommendations, from the social security advisory committee (SSAC) of the Department of Work and Pensions (DWP), to bring unmarried couples within the scope of the system. The SSAC said that the exclusion of cohabiting couples appeared to breach the government’s own Family Test, and the effects of the policy amounted to a breach of NI’s obligations under the ECHR.
Although the ruling applies to the devolved Northern Ireland social security system, it is understood that if the DWP does not appeal, or is unsuccessful in an appeal, convention would enable similar legal challenges in the rest of the UK.
Click here to read the High Court judgement in full.