PROCEDURE

The case originated in an application (no. 61391/00) 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 Colin Joseph O’Brien (“the applicant”), on 15 September 2000

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 8 October 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 “second” claim for Widows’ Benefits, to adjourn the applicant’s complaint concerning Widow’s Bereavement Allowance and to declare the remainder of the application inadmissible.

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 1955 and lives in Bridgend.

His wife died on 29 April 1999 leaving two children, born in 1989 and 1991.

In 1999 the applicant enquired about widows’ benefits and he was informed that he was not entitled to such benefits.

In early 2000 the applicant applied for widows’ benefits again and on 13 March 2000 the Benefits Agency rejected his claim.

He lodged an appeal against this decision on 16 March 2000 and this appeal was struck out on 23 May 2000 on the basis that it was misconceived.

On 16 May 2000 the applicant made an oral claim for Widow’s Bereavement Allowance to the Inland Revenue. On 23 May 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 was advised that an appeal against this decision would be bound to fail.

The applicant received child benefit in the sum of GBP 100 per month.