The reform is the result of the landmark case of Smith v Lancashire teaching Hospitals [2017] EWCA Civ 1916, when Jacqueline Smith, represented by Slater & Gordon, was told she didn’t qualify for a payment because she was not married to her partner of 16 years.
The Court of Appeal made a declaration of incompatibility on the basis the category restriction contravened Art 14 in conjunction with Art 8 of the European Convention on Human Rights.