Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part Two – UKSC Blog

Posted July 8th, 2019 in appeals, benefits, equality, families, human rights, news, Supreme Court by sally

‘In order to make good an art 14 claim, a claimant has to establish that (a) the Jones_Jcircumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified. In a Thlimmenos claim, the third question becomes “they have been treated the same as others in a relevantly different situation”. The way in which those issues were resolved by Lord Wilson for the majority is summarised above, but the court’s analysis of status and justification is worth some closer consideration.’

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UKSC Blog, 2nd July 2019