27948/02, 90 applications against the United Kingdom (see attached table) The European Court of Human Rights (Fourth Section), sitting on 12 November 2002 as a Chamber composed of Mr M. PELLONPÄÄ, President, Sir Nicolas BRATZA, Mr A. PASTOR RIDRUEJO, Mrs V. STRÁŽNICKÁ, Mr R. MARUSTE, Mr S. PAVLOVSCHI, Mr L. GARLICKI, judges, and Mr M. O’BOYLE, Section Registrar, Having regard to the above applications Having deliberated, decides as follows: THE FACTS A. The circumstances of the case See attached table. 2 90 APPLICATIONS v. THE UNITED KINGDOM DECISION B. Relevant domestic law and practice Under United Kingdom law, certain social security benefits, including Widow’s Payment, Widowed Mother’s Allowance, and Widow’s Pension, are paid for out of the National Insurance Fund. By Section 1 of the Social Security and Benefits Act 1992 (“the 1992 Act”), the funds required for paying such...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION PARTIAL DECISION AS TO THE ADMISSIBILITY OF 27948/02, 90 applications against the United Kingdom (see attached table) The European Court of Human Rights (Fourth Section), sitting on 12 November 2002 as a Chamber composed of Mr M. PELLONPÄÄ, President, Sir Nicolas BRATZA, Mr A. PASTOR RIDRUEJO, Mrs V. STRÁŽNICKÁ, Mr R. MARUSTE, Mr S. PAVLOVSCHI, Mr L. GARLICKI, judges, and Mr M. O’BOYLE, Section Registrar, Having regard to the above applications Having deliberated, decides as follows: THE FACTS A. The circumstances of the case See attached table.
2 90 APPLICATIONS v. THE UNITED KINGDOM DECISION B. Relevant domestic law and practice Under United Kingdom law, certain social security benefits, including Widow’s Payment, Widowed Mother’s Allowance, and Widow’s Pension, are paid for out of the National Insurance Fund. By Section 1 of the Social Security and Benefits Act 1992 (“the 1992 Act”), the funds required for paying such benefits are to be provided by means of contributions payable to the Secretary of State for Social Security by earners, employers and others, together with certain additions made to the Fund by Parliament. Male and female earners are obliged to pay the same social security contributions in accordance with their status as employed earners or self- employed earners. 1. Widow’s Payment Under Section 36 of the 1992 Act, a woman who has been widowed is entitled to a widow’s payment (at the material time, a lump sum payment of GBP 1,000) if: (i) she is under pensionable age at the time when her husband died, or he was not then entitled to a Category A retirement pension; and (ii) her husband satisfied certain specified social security contribution conditions set out in a Schedule to the 1992 Act. The Widow’s Payment replaced an equivalent earlier payment, called a Widow’s Allowance, paid to qualifying widows under the Social Security Act 1975. 2. Widowed Mother’s Allowance Under Section 37 of the 1992 Act, in so far as relevant, a woman who has been widowed (and who has not remarried) is entitled to a mother’s allowance on certain conditions, the following being the relevant conditions to the circumstance of the present cases: (i) her husband satisfied the contribution conditions set out in a Schedule to the Act; and (ii) she is entitled to receive child benefit in relation to a son or daughter of herself and her late husband. The Widowed Mother’s Allowance currently amounts to approximately GBP 72.50 per week, with an extra GBP 9.70 per week in respect of the eldest eligible child, and a further GBP 11.35 per week in respect of other children.
90 APPLICATIONS v. THE UNITED KINGDOM DECISION 3 3. Widow’s Pension Under Section 38 of the 1992 Act, a woman who has been widowed (and who is not remarried) is entitled to a Widow’s Pension if her husband satisfied the contribution conditio...