AR v Secretary of State for Work and Pensions (BB): [2020] UKUT 165 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Mrs Justice Farbey (CP), Judge Ward and Judge Church on 26 May 2020.
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Judicial Summary
鈥淏ereavement and death benefits - widowed parent鈥檚 allowance 鈥� meaning of 鈥渟pouse鈥� for the purposes of the conditions to entitlement to the benefit in section 39A of the Social Security Contributions and Benefits Act 1992 (the 鈥�1992 Act鈥�).
Human rights law 鈥� application of Human Rights Act 鈥� whether it is 鈥減ossible鈥� for the purposes of section 3 of the Human Rights Act to interpret 鈥渟pouse鈥� in section 39A of the 1992 Act to include someone in the position of the appellant, namely a person living with her partner having participated in a religious marriage ceremony which did not satisfy the formal requirements of the Marriage Act 1949, which was not a foreign marriage recognised in English law, and where the presumption of marriage does not apply.鈥�
Decision selected for reporting as [2020] AACR 27