Nomination requirement for survivor’s pension disapplied
R (Elmes) v Essex County Council  EWHC 2055 (Admin)
- Related Member(s):
- Chris Buttler QC
- Related Practice Area(s):
- Public Law
- Queen’s Bench Division (Administrative Court)
Concerning the requirement of the defendant that the claimant be a nominated cohabitor in order to be eligible for a survivor’s pension, the claimant argued that the nomination requirement infringed ECHR, art 14 and A1P1. Walker J held that, in light of the Supreme Court decision in Re Brewster  UKSC 8, there was no doubt that the claimant was correct to say that the nomination requirement in the Local Government Pension Scheme (Benefits, Membership Contributions) Regulations 2007 must be disapplied.
Chris Buttler was involved in this case.