The Court of Justice has held that United Kingdom legislation cannot derogate from the principle of equal treatment for men and women in matters of social security in respect of the grant of a fuel payment
John Taylor was employed by the Post Office in the United Kingdom until he retired. He paid social security contributions throughout his working life. In 1998, aged 62 and in retirement, he was in receipt of a Post Office pension.
Under United Kingdom legislation (the Social Fund Winter Fuel Payment Regulations 1998), men of 65 and over and women of 60 and over who are already in receipt of certain State benefits, like a retirement or invalidity pension, are entitled to the winter fuel payment, a sum designed to help them pay their heating expenses during the winter. The Community rules relating to the principle of equal treatment for men and women in matters of social security apply to statutory schemes which provide protection against the risks of old age. However, the Member States may derogate from those rules in order to determine the statutory age of retirement for the purposes of granting old-age and retirement pensions and the possible consequences thereof for other benefits. In the United Kingdom, that age is 60 for women and 65 for men.
Mr Taylor claimed before the High Court of Justice to be the victim of unlawful discrimination on the ground of sex as a result of the State's refusal to grant him a winter fuel payment of £20 per year. A woman of the same age would have been in receipt of that payment.
The High Court of Justice asked the Court of Justice about the compatibility of that national legislation with the rules of Community law concerning equal treatment for men and women in matters of social security.
First, the Court rejected the United Kingdom Government's argument that the national legislation at issue seeks only to provide protection against a lack of financial resources and is therefore not affected by the rules of Community law relating to non-discrimination between men and women in matters of social security. The Court held that the payment is aimed only at those who have reached the statutory age of retirement. It is designed, therefore, according to the Court, to protect directly and effectively against the risk of old age. Consequently, the Court took the view that the winter fuel payment is covered by Community law.
The Court then examined whether the United Kingdom may rely on the exception to the general rule of equal treatment. Is the making of the winter fuel payment necessarily linked to the rules relating to the determination of the statutory age of retirement? The Court took the view that it is not. Consequently, the Court replied that the exception is not applicable and that the difference in age for men and women for granting the payment is not compatible with Community law.
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