The Court of Appeal has dismissed the Department for Work and Pensions’ (DWP) appeal of a High Court decision from September 2022 in favour of our client Daniel Jwanczuk, who was denied Bereavement Support Payment.

The High Court found that it was unlawful to exclude surviving families from receiving Bereavement Support Payments (BSP) where the person who died could not work because of life-long disability.

Daniel Jwanczuk, was denied BSP because his late wife Suzzi had not paid National Insurance (NI) contributions throughout her working life. Suzzi had multiple serious disabilities which meant she was unable to work and was therefore unable to pay NI contributions.

In September 2022 the High Court ruled that the criteria which determined that Mr Jwanczuk was not eligible for BSP was in breach of human rights: in particular, Article 14 ECHR which relates to the prohibition of discrimination, when read with Article 1, Protocol 1 ECHR.

The DWP appealed the High Court’s decision and the case was heard by the Court of Appeal in June 2023.

While this case has been ongoing, Mr Jwanczuk has remained unable to access BSP.

We will endeavour to keep this webpage updated on any further developments.

Read about the previous High Court decision.