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GALINA PATMALNIECE v SECRETARY OF STATE FOR WORK & PENSIONS

Although the conditions of entitle-ment to state pension credits in the State Pension Credit Regulations 2002 reg.2(2) were indirectly discrim-inatory, the discrimination was objectively justified on grounds independent of nationality.

21 March 2011

The appellant (P) appealed against a decision ((2009) EWCA Civ 621, (2010) PTSR 128) that the provisions of the State Pension Credit Regulations 2002 reg.2(2) were indirectly, as opposed to directly, discriminatory, and that the discrimination was justified. P was a Latvian national living in the United Kingdom. She had worked in Latvia, though not in the UK, and she had no income other than a retirement pension from the Latvian social security authorities. She claimed state pension credit in the UK. The general effect of reg.2(2) of the 2002 Regulations was to restrict entitlement to state pension credit to those who had a right to reside in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland (the common travel area). P had no such right and her application was therefore refused. The question was whether the conditions of entitlement in reg.2(2) were compatible with Regulation 1408/71 art.3(1), which provided for equality of treatment, amongst those to whom it a...

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