The applicant challenged the decision of the respondent Northern Ireland Local Government Officers’ Superannuation Committee (‘NILGOSC’) made on 1 July 2011, by which it declined to pay a survivor’s pension to the applicant following the death of her co-habiting partner. She argued that the absolute requirement of nomination imposed on unmarried partners as a condition of eligibility for a survivor’s pension under the 2009 regulations constitutes unlawful discrimination contrary to article 14 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), when read in conjunction with article 1 of the First Protocol (A1P1) to ECHR.
Held: The court declared that the requirement of nomination of a cohabiting partner in the 2009 scheme was not compatible with article 14 ECHR read together with A1P1, and quashed the decision of NILGOSC by which it had declined to pay the appellant a survivor’s pension.
The nomination requirement was ‘an instrument of disentitlement’ in relation to unmarried partners and that whilst the impugned regulations pursued a legitimate aim, there was not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved.
Judges:
Treacy J
Citations:
[2012] NIQB 85
Links:
Statutes:
Local Government Pension Scheme (Benefits, Membership
and Contributions) Regulations 2009, European Convention on Human Rights 14
Jurisdiction:
Northern Ireland
Cited by:
Appeal from – Brewster v Northern Ireland Local Government Officers’ Superannuation Committee CANI 1-Oct-2013
Appeal by the Committee and the Department of the Environment for Northern Ireland from a decision allowing the respondent’s application for judicial review of a decision by the Superannuation Committee not to pay a survivor’s pension to the . .
At First Instance – Brewster, Re Application for Judicial Review (Northern Ireland) SC 8-Feb-2017
Survivor of unmarried partner entitled to pension
The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not . .
Lists of cited by and citing cases may be incomplete.
Employment, Family, Financial Services, Human Rights
Updated: 09 November 2022; Ref: scu.466481