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Fielding v The United Kingdom: ECHR 29 Jan 2002

Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
The claimant’s wife had died. He sought the benefits, including tax allowances, which would have been paid to him had he been a woman. Before the hearing, a friendly settlement was reached under which the UK government agreed to pay the claim. The 1999 Act already made bereavement benefits available to both men and women.

Citations:

36940/97, Times 25-Feb-2002, [2002] ECHR 10

Links:

Worldlii, Bailii

Statutes:

Social Security and Benefits Act 1992, Welfare Reform and Pensions Act 1999

Jurisdiction:

Human Rights

Cited by:

CitedRegina on the Application of Wilkinson v The Commissioners of Inland Revenue CA 18-Jun-2003
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination, Benefits, Income Tax

Updated: 29 June 2022; Ref: scu.167565

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