Cohabitation and widowed parent’s allowance: McLaughlin

The Supreme Court has handed down judgment in McLaughlin, Re Judicial Review [2018] UKSC 48. By a majority of four to one (Lord Hodge dissenting), the Court ruled that the refusal by the Northern Ireland Department for Communities of Ms McLaughlin’s claims for widowed parent’s allowance [WPA] is incompatible with Article 14 ECHR (discrimination) read with Article 8 (respect for private and family life), insofar as the refusal precludes any entitlement to widowed parent’s allowance by a surviving unmarried partner of a deceased person. Continue reading