34
Views
0
CrossRef citations to date
0
Altmetric
Cases

Jobseeker's Allowance and the “habitual residence” legacy

Pages 73-75 | Published online: 01 Feb 2008
 

Abstract

In light of the fact that some 15,000 appeals on the ‘habitual residence' test are currently awaiting determination, then benefits law practitioners should brush up their knowledge on this important, but legally grey, area. This starred Commissioner’s decision (82/95, also known as CIS/1067/1995) illustrates an all too common problem which benefits advisers continuously encountered throughout last year - the ‘habitual residence' rules. Since Regulation 21 and Schedule 7 of the Income Support (General) Regulations 1987 (SI [1987] No. 1967) provided no definition of the 'habitual residence' test, the general rule that from 1 August 1994 to September 1996, all Income Support (IS) claimants, deemed not to be habitually resident in the UK, Republic of Ireland, Channel Islands or the Isle of Man were not entitled to IS. The few exemptions to this rule, according to Schedule 7, were claimants who were: '(a) workers or a person with a right to reside in the UK [under EC law]; or (b) a refugee; or (c) a person who has been granted exceptional leave to remain in the UK by the Secretary of State’.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.