17 February 2017
Re an application by Denise Brewster for Judicial Review [2017] UKSC 8, [2017] All ER (D) 74 (Feb)
The Supreme Court declared that the requirement in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 (SI 2009/32), that the appellant and her partner should have nominated her for payment of a survivor’s pension, be disapplied and that the appellant was entitled to receive a survivor’s pension under the scheme. There was no rational connection between the objective and the imposition of the nomination requirement, and that also failed to meet the test for justification for a difference in treatment.
