PROCEDURE

The case originated in an application (no. 37212/02) 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 Timothy Walker (“the applicant”), on 17 October 2001.

The applicant was represented by Mr A. Gask, a lawyer working for Liberty, London. The British Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office, London.

The applicant alleged that the obligation imposed on him as a man in employment over age 60 to pay national insurance contributions, which did not apply to a woman in work of over that age, was in violation of Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1.

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 16 March 2004, the Court declared the application admissible.

The applicant and the Government each filed observations on the merits (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).

Following the judgment of the Grand Chamber in Stec and Others v. the United Kingdom [GC], nos. 65731/01 and 65900/01, 12 April 2006), the applicant and the Government submitted further observations.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1942 and lives in Shipston Stour, Warwickshire.

Under current United Kingdom law, the state pension age is 65 for men and 60 for women. Until these ages, men and women who work are required to pay national insurance contributions (“NICs”) if their earnings are above a threshold amount, currently 385 pounds sterling (GBP) per month.

The applicant is over 60 years old and works as an administrator. Since he has not reached the state pension age for men of 65, he is required to pay NICs on his earnings. At the time of introduction of the application, his monthly salary was GBP 2,970 and he paid 10% of his earnings (between the primary threshold of GBP 385 and the upper earnings limit of GBP 2,535) in NICs (Class 1), amounting to GBP 215 per month and GBP 2,580 per annum. From April 2003, NICs increased to 11% of the amount up to the upper earnings limit, plus an additional 1% on all earnings above the limit. The applicant’s NICs increased to GBP 241.34 per month.

The applicant will be required to pay national insurance contributions from his earnings until he reaches the age of 65.

A woman of 60 years or more who continued to work would not be required to pay any NICs on her earnings.

The applicant wrote to his Member of Parliament and the Paymaster General complaining about the difference in treatment for men and women. Both replied stating that since liability to pay national insurance contributions is linked to the state pension age, the treatment of men and women would equalise in 2020 when the state pension age will equalise.