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Dept for Work and Pensions

Answer

Mr. Russell Brown: To ask the Secretary of State for Work and Pensions if he will make a statement on the implications of the judgment of the European Court of Human Rights in the case of Ken Willis-application No. 36042/97; and if he will make a statement. [83036] Malcolm Wicks: In June 2002 the European Court of Human Rights found that the UK Government had violated the Convention in respect of Mr. Ken Willis by not paying him the Widowed Mother's Allowance and Widow's Payment that he would have been entitled to had he been a woman in the same circumstances. The Court ordered a payment equivalent to the benefit that he would have received had he been a woman and an amount in respect of interest. The Government is not contesting that judgement. Litigation remains before the domestic and Strasbourg Courts. The Court of Appeal heard arguments in the domestic cases during week commencing 7 October and judgment was reserved. The European Court of Human Rights has postponed further hearings of applications by widowers until the completion of the domestic litigation. The Government never speculates about the outcomes of cases or the decisions that it may take.

Secondary information

Type

Written question

Reference

83036; 395 c320W;395 c319-20W

Session

2002-03

Subjects

Bereavement benefits Equality Gender Judgements European Court of Human Rights Widows payment Widowed mothers allowance

Link

View this Written question on www.publications.parliament.uk