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 respondent following the death of her cohabiting partner.
Held: The appeal succeeded. Higgins LJ found that the nomination requirement was not unjustified or disproportionate; and Coghlin LJ also concluded that the requirement had not been shown to be manifestly without reasonable justification.
Higgins LJ, Girvan LJ and Coghlin LJ
[2013] NICA 54
Bailii
Local Government Pension Scheme (Benefits, Membership
and Contributions) Regulations 2009, European Convention on Human Rights 14
Northern Ireland
Citing:
Appeal from – Brewster, Re Judicial Review QBNI 9-Nov-2012
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 . .
Cited by:
Appeal from – 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.
Family, Financial Services, Discrimination, Human Rights
Updated: 26 November 2021; Ref: scu.517770