Garden Court North Chambers’ Tom Royston appears in Supreme Court appeal

18 March 2025

Garden Court North Chambers’ barrister Tom Royston (pictured) in the Supreme Court on 12 March, 2025. Credit: Supreme Court.

In Secretary of State for Work and Pensions v Jwanczuk, heard on 12-13 March, 2025, Garden Court North Chambers’ Tom Royston addressed the Supreme Court in relation to a widower’s claim for bereavement support payment. Tom, led by Ben Jaffey KC, made oral submissions on behalf of Mr Jwanczuk resisting the Secretary of State’s appeal.

Tom said: “Bereavement support payment is described by the government as ‘an important part of the state safety net’, but families of severely disabled people who are unable to work throughout their lives are excluded from receiving BSP after the disabled person’s death. Mr Jwanczuk’s case is that this is unjustifiably discriminatory, and the courts below agreed. In addition to resolving that question, the Court is being asked to determine an important point of procedure – the correct approach in the courts of England and Wales to social security law decisions in other parts of the UK.”

In October 2021, Mr Jwanczuk was refused Bereavement Support Payment (BSP) because its National Insurance contribution condition can only be met by work. Mr Jwanczuk’s wife, Suzzi, had a progressive lifelong disability that prevented her from working.

Mr Jwanczuk began judicial review proceedings against the Secretary of State for Work and Pensions.

The High Court and Court of Appeal both agreed that it is unlawful to deny BSP to families of people with lifelong inability to work. Principally, they relied on a decision of the Northern Ireland Court of Appeal, which had upheld a claim challenging the same rule provided for by benefits legislation in Northern Ireland.

The Secretary of State for Work and Pensions appealed to the Supreme Court. The appeal concerns:

• how intensively the courts should scrutinise legislation with discriminatory effects;
• whether it is justified to exclude families of people with lifelong inability to work from bereavement benefit;
• whether the legislation can be read, under the HRA, to include that group;
• the proper approach, in social security law, to existing decisions of courts in one part of the UK when a court in another part of the UK is considering the same point of law.

Tom and Ben Jaffey KC were instructed by Public Law Project. The Supreme Court has reserved judgment.

Additional media

Coverage of the appeal can be found on the Supreme Court’s website. Tom’s address comes during the morning session on 12 March, 2025, at 42:25.

For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk