Nun, 74, to fight for right to a state pension at Court of Appeal
A 74-YEAR-OLD woman who has never received a penny in wages is being refused an old-age pension – because she is a nun.
Sister Mary Scott is forbidden from having any money or possessions of her own under the rules of the Benedictine Order.
It means she has never claimed a salary nor paid National Insurance.
But Sister Mary – who helps run the Oulton Abbey community, near Stone – is in ill health, desperate to retire and wants to claim a state pension to help keep her community afloat.
Now Sister Mary has taken her legal fight to the Court of Appeal and been given permission to have a full hearing of her case.
It is estimated that 5,000 nuns and 1,400 monks are affected by the ruling in Britain.
The Court of Appeal heard that Sister Mary and Sister Peter Smith helped manage a small nursing home and playgroup at the abbey, near Stone.
Any proceeds are ploughed into community funds and used to pay for the food and material to make new clothes.
But the Department of Work and Pensions has refused to grant Sister Mary means-tested pension credits because they are not paid to "members of religious orders who are fully maintained by their order".
Sister Mary appealed against the refusal and the Court of Appeal has now allowed her to mount her legal challenge.
Lawyers representing Sister Mary argue that her human rights are being violated.
They also argue that the Benedictine order has no centralised authority or hierarchy so it cannot ‘fully maintain’ Sister Mary.
Stephen Knafler QC, representing Sister Mary, told the Court of Appeal: "Sister Mary and other nuns and monks are in this position because they are bound by their rules to work for as long as they possibly can. Otherwise they could just go and live in a council house and forget about everything.”
Lord Justice Pill granted Sister Mary permission to appeal because it was arguable that "they were maintaining themselves from their own enterprise".
He said: “This will affect a considerable number of people.”
A date for the hearing has yet to be set.
The Grade II-listed Oulton Abbey has been home to a community of Benedictine nuns since 1853. They established a girls’ boarding school which was replaced by a retreat house and later a playgroup in 1968.
Our Lady and St Benedict's Nursing and Residential Home – which is also known as Oulton Abbey Care Home – opened in 1989 to replace the former school and retreat house.
Should nuns be able to get a pension?
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by anon, stoke-on-trent
Tuesday, September 07 2010, 6:48PM
“There has been hundreds and thousands of nuns before her that have excepted what they have been given. She has not paid in so should not recieve anything, but she will a quarter pension! She has survived for 74 years on no wages the church should carry on in her final years.”
by Anon, Stoke-on-Trent
Tuesday, September 07 2010, 6:43PM
“There has been hundreds upon thousands of nuns before her, whom have been in the same situation, they have excepted the situation. They have not paid into the system and therefore should not recieve anything, but they do, they get a quarter pension! She has not been paid a wage but has lived for 74 years on something? The church, so the church should pay for her remainding years.”
by Dot, newcastle
Monday, September 06 2010, 8:44PM
“Paul, Bentilee, it clearly states in the link, that you have to have the 'right to reside'.
Would you care to elaborate further?”
by paul, bentilee
Sunday, September 05 2010, 9:43PM
“What a conundrum - this woman has lived in this country all her life and yet is not entitled to its benefits. It may not be relevant but if you look at http://www.hmrc.gov.uk/childbenefit/start/who-qualifies/new-arrivals-uk.htm then you will see that people who have contributed nothing to the UK can get child benefit even if their children are living in another country. The whole system needs sorting out.”
by bexhillpotter, bexhill
Sunday, September 05 2010, 3:41PM
“There is a minumum wage in this country so tax and insurance should be paid from this. Her employers should be fined for not paying her. Is this the Catholic Church?”
by Dawn Dobson, North Staffordshire
Sunday, September 05 2010, 3:13PM
“This lady hasn't paid a penny in the system and yet has never taken any out.
She has worked hard all her life and yet has never been paid a wage.
She has given her all, in helping others for nothing.
If we can give 'pensions and payments' out to those who haven't given anything in any way shape or form to this country, then why can't we pay her a pension.
Someone needs to get their priorities in order.............. because they certainly aren't in the right order at the moment.
She deserves her pension and should be paid it.”
by Warren, Meir
Sunday, September 05 2010, 2:46PM
“I don't need defending in any way, and you can take solice in any god you like. I'm saying two things hear, I don't like to see public money used in any way to promote any religon, and people, if they want a pension, pay into a tax system. What ever good work she has done, she as never done this, and uppermost in her mind has always prmoted the Cathlic Church, who now should surport her.”
by Mick Penning, newcastle, staffs
Sunday, September 05 2010, 12:47PM
“Once again, we have an example of the nastier side to the 'Christian mindset'.
Instead of showing remorse for your scornful comments -and some welcome repentance -(like most Catholics I know -that's only done in the 'secret little-room' behind the screen) -No, none of that compassion, just denial and false generalised claims.
You jumped to the conclusion I was 'defending Warren'. I was using your disrespect and lack of so called Christian compassion to enlighten you with the problems that dyslexia poses for all who have the disadvantage.
Grace indeed. You don't know the meaning of the word. Think before you blab. You deserve a good dose of indigestion.”
by Michael, Newcastle
Sunday, September 05 2010, 12:26PM
“Mick Penning- How long have you been jumping to Warrens defence, but I forgot you too like to hear yourself speak.
Who's being a hypocrite now when you so often try to intimidate others with sarcasm and words they probably dont understand.
Going out for lunch now, and i will try to make sure i dont forget to say grace too :)”
by Michael, Newcastle
Sunday, September 05 2010, 12:24PM
“How long have you been jumping to Warrens defence, but I forgot you too like to hear yourself speak.
Who's being a hypocrite now when you so often try to intimidate others with sarcasm and words they probably dont understand.
Going out for lunch now, and i will try to make sure i dont forget to say grace too :)”