Nessa v Chief Adjudication Officer: CA 5 Feb 1998

The requirement that an applicant for income support must show ‘Habitual residence’ required a demonstration that in the applicant was in the UK voluntarily for settled purposes and an appreciable time should pass before income a support claim was made. (Thorpe, L.J. dissenting)

Judges:

Morritt, L.J. and Sir Christopher Staughton, Thorpe, L.J

Citations:

Times 11-Feb-1998, Gazette 05-Mar-1998, [1998] EWCA Civ 164, [1998] 2 All ER 728

Links:

Bailii

Statutes:

Income Support (General) Regulations 1987 Sch 7 para 17

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Secretary of State for Social Security Ex Parte Nessa QBD 15-Nov-1994
Regulations under which payments were made for funeral benefits were not susceptible to a challenge under the Race Relations Act, since they were an act of the Crown. . .

Cited by:

Appeal fromNessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 14 November 2022; Ref: scu.143642