PROCEDURE

The case originated in an application (no. 63480/00) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a British national, Mr John Henry Hubley (“the applicant”), on 29 September 2000. By a letter of 11 June 2007 the applicant’s estate informed the Registry that the applicant had passed away and that the estate intended to continue these proceedings.

The applicant was represented by Ms P. Glynn, a lawyer practising in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office, London.

By a partial decision of 10 September 2002 the Court decided to adjourn the applicant’s complaint in connection with his claims for widows’ benefits, relating to discrimination suffered by him during the period after the date on which he lodged his claim for widows’ benefits, to adjourn the applicant’s complaint concerning Widow’s Bereavement Allowance and to declare the remainder of the application inadmissible. It also decided to join the application to other applications (nos. 58372/00, 61878/00, 63477/00, 63647/00, 63961/00, 64986/01, 64996/01, 65202/01, 65478/01, 65507/01, 65741/01, 65906/01, 66181/01, 67100/01, 67913/01, 68173/01, 68175/01, 68264/01, 68298/01, 68449/01, 69076/01, 69323/01, 69327/01, 69491/01, 70521/01, 70741/01, 71176/01, 71428/01, 71429/01, 71570/01, 71758/01, 72656/01, 73646/01, 73653/01, 73978/01, 74961/01, 75092/01, 75126/01, 75993/01, 75995/01, 77129/01, 77424/01, 682/02, 2573/02, 4810/02, 10747/02, 13944/02, 14404/02 and 14537/02).

Subsequently, under the provisions of Article 29 § 3 of the Convention, the Chamber to which the case had been allocated, decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1948 and lives in Leeds.

His wife died on 19 March 1997. The couple had two children, born in 1981 and 1984 respectively.

In May 2000 the applicant enquired about widow’s benefits. On 17 May 2000 the Benefits Agency informed him that there was at that time no legislation providing an equivalent of the widows’ benefits concerned to widowers. He was told that he had no right of appeal since his claim had not been considered by a decision-maker.

On 19 May 2000 the applicant asked for the matter to be considered by a decision-maker.

On 20 May 2000 the applicant applied for benefits equivalent to those to which a widow, whose husband had died in similar circumstances to those of his wife, would have been entitled, namely a Widow’s Payment, a Widowed Mother’s Allowance and thereafter a Widow’s Pension, payable under the Social Security and Benefits Act 1992 (“the 1992 Act”). On 26 May 2000 the benefits agency refused the applicant’s claim because he was not a woman, but informed him that he was entitled to appeal.

On 11 June 2000 the applicant appealed. On 15 June 2000 the decision maker reconsidered the decision and upheld the previous decision. The applicant appealed this decision. On 27 September 2000 the Social Security Appeals Service dismissed the applicant’s appeal.

On 6 October 2000 the applicant made a claim for Widow’s Bereavement Tax Allowance (“WBA”) to the Inland Revenue for the years 1996-1998. On 25 October 2000 he was informed that his claim could not be accepted because there was no basis in domestic law allowing widowers to claim this benefit.

The applicant received child benefit in the sum of GBP 70.20 per month.