PROCEDURE

The case originated in an application (no. 10721/02) 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 Nigel Harrison (“the applicant”), on 22 January 2002.

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 15 October 2002 the Court decided to adjourn the applicant’s complaint in relation to Widowed Mother’s Allowance and to declare inadmissible the remainder of the application.

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 1951 and lives in Staffordshire.

His wife died on 1 January 1996.

On 5 May 1996 the applicant made a claim for Widow’s Bereavement Allowance (“WBA”) to the Inland Revenue. On 23 November 2001 he was informed that his claim could not be accepted because there was no basis in United Kingdom law allowing widowers to claim this benefit.

The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such benefit was payable to widowers under United Kingdom law.