Upper Tribunal decision on bereavement benefits and telephone marriage

5 December 2014

In SB v Secretary of State for Work and Pensions (BB) (Bereavement and death benefits: bereavement payments) [2014] UKUT 495 (AAC) (22 October 2014),  the Upper Tribunal has, in a case it describes as being of some general importance, decided not to follow the Court of Session in A v K [2011] CSOH 101, and ruled that a telephone marriage is not a valid marriage when one party to it is in the United Kingdom. The result in this case was that the appellant succeeded, and was entitled to bereavement benefit.

This decision may be of assistance in future immigration cases.

Garden Court North Chambers’ Tom Royston acted for the successful appellant SB, instructed by Howells LLP.