FOURTH SECTION
FINAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 28003/02
by Brian HARRISON
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 2 September 2008 as a Chamber composed of:
and Fatoş Aracı,
Having regard to the above application lodged on 1 March 2001,
Having regard to the decision to communicate this application and to join it to other applications (nos. 27947/02, 27955/02, 27958/02, 27959/02, 27960/02, 27961/02, 27963/02, 27968/02, 27970/02, 27985/02, 27990/02, 28011/02, 28014/02, 28016/02, 28018/02, 28025/02, 28026/02, 28029/02, 28033/02, 28035/02, 28040/02, 28046/02, 28047/02, 28054/02, 28056/02, 28058/02, 28064/02, 28073/02, 28080/02, 28081/02, 28085/02, 28088/02, 28091/02, 28092/02, 28103/02, 28109/02, 28110/02),
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Brian Harrison, is a British national who was born in 1943 and lives in Sussex. He was represented before the Court by Royds Rdw, solicitors in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office.
A.  The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant’s wife died on 26 November 1998. His claim for widows’ benefits was made on 5 October 2000 and was rejected on 17 October 2000 on the ground that he was not entitled to widows’ benefits because he was not a woman. The applicant did not appeal as he considered or was advised that such a remedy would be bound to fail since no such social security benefits were payable to widowers under United Kingdom law.
The applicant was not in receipt of child benefit at the time of his claim.
B.  Relevant domestic law
The domestic law relevant to this application is set out in Willis v. the United Kingdom, no. 36042/97, §§ 14‑26, ECHR 2002-IV and Runkee and White v. the United Kingdom, no. 42949/98, §§ 40-41, 25 July 2007.
COMPLAINT
The applicant complained that British social security legislation discriminated against him on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1.
THE LAW
The Court recalls that a widow was not automatically entitled to survivors’ benefits, but had to claim them from the relevant authority. Various time-limits applied: after 1997, a widow had to make a claim for Widow’s Payment (“Wpt”) within three months of her husband’s death; a claim for Widowed Mother’s Allowance (“WMA”) or Widow’s Pension (“WP”) could be made outside that time-limit, but would be back-dated only three months. To be eligible for WMA, a woman had to be entitled to child benefit.
The Court considers, as it held in Cornwell v. the United Kingdom (no. 36578/97, (dec.), 11 May 1999) that unless or until a man has made a claim to the domestic authorities for bereavement benefits, he cannot be regarded as a “victim” of the alleged discrimination involved in the refusal to pay such benefits, because a woman in the same position would not automatically be entitled to s’ benefits until she had made a claim (see also , no. 53134/99 (dec.), 7 June 2001, where the Court clarified that, as long as an applicant had made clear to the authorities his intention to claim benefits, the precise form in which he did so was not important). Similarly, a man who failed to apply within the time-limits as they applied to a woman claimant could not, in most cases, claim to be a victim of discrimination, since a woman in the same position would not have been entitled to the benefit in question (see  no. 57946/00, (dec.), 8 September 2001).
Consequently, the applicant’s claim for Wpt made in 2000 had been made out of time. Thus, the the complaint in respect of Wpt is 
As to WMA, the applicant was not in receipt of child benefit at the time of his claim and therefore he could not claim to be a victim of discrimination, since a woman in the same position would not have been entitled to the benefit in question. Thus, the The complaint in respect of WMA
In relation to the claim for WP, the Court held in its lead judgment regarding WP that at its origin, and until its abolition in respect of women whose spouses died after 9 April 2001, WP was intended to correct “factual inequalities” between older widows, as a group, and the rest of the population and that this difference in treatment was reasonably and objectively justified. Moreover, the Court considered that the United Kingdom could not be criticised for not having abolished WP earlier and that it was not unreasonable of the legislature to decide to introduce the reform slowly (see Runkee and White, cited above, §§ 40-41). The Court, consequently, considering it was not necessary to examine separately the complaint in respect of Article 8, did not find a violation of Article 14 taken in conjunction with Article 1 of Protocol No. 1 in respect of the non-payment to the applicants of Widow’s Pension or equivalent (ibid § 42).
Consequently, this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case.
For these reasons, the Court unanimously

inadmissible the application.
	Fatoş Aracı	Lech Garlicki
	Deputy Registrar	President