Source: All England Reporter
Publisher Citation: [2002] All ER (D) 365 (Mar)
Court: Court of Appeal, Civil Division

Schiemann, Hale and Sedley LJJ

Representation Manjit S Gill QC and Nicola Braganza (instructed by Ole Hansen & Co) for the claimant.
  John Howell QC and Nigel Giffen (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 March 2002


Social security - Income support - Urgent cases payments - Asylum seekers - Internal file note recording asylum claim refused - Claimant not being told of decision on asylum application until after income support withdrawn - Claimant seeking judicial review of withdrawal of benefits - Whether income support capable of being withdrawn prior to asylum seeker being notified of decision on asylum application - Income Support (General Regulations) 1987, reg 70(3A)(b).

The Case

For the purposes of reg70(3A)(b) of the Income Support (General) Regulations 1987 a person ceased to be entitled to income support from that date when his claim for asylum had been recorded in a file note in the Home Office, notwithstanding that he had not been informed of that determination.

Practice Areas

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