PROCEDURE

The case originated in an application (no. 63477/00) 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 Nicholas Wells (“the applicant”), on 26 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 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, 63480/00, 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 1954 and lives in Cambridgeshire.

His wife died on 6 May 1997 leaving four children, the last born in 1987.

On 25 June 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 and Widowed Mother’s Allowance, payable under the Social Security and Benefits Act 1992 (“the 1992 Act”). He was informed on 29 June 2000 that the Benefits Agency was unable to accept his application as a valid claim because 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 1 October 2000 the applicant made a claim for Widow’s Bereavement Tax Allowance to the Inland Revenue for the years 1997‑1999. On 20 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 150.20 per month.