[1999] UKHL 41, House of Lords on 21st October 1999 (Times Law Reports, 27th October 1999)
NOTES

  • Nessa v. Chief Adjudication Officer & anor, [1999] UKHL 41 on 21st October 1999 (reported at Times Law Reports, 27th October 1999).
  • The full House of Lords judgment in this case is available free of charge on the BAILII website.

    There are long standing regulations entitling the DSS to refuse income support to foreign nationals, including EC nationals, who do not have a legal right to be present in the UK.

    The rules provide that a "claimant who is not habitually resident in the United Kingdom . . . " is ineligible. This case establishes that "habitually" for the purpose includes consideration of the length of the claimant's residence as well as questions of the voluntariness of his/her presence and his/her long term intentions.

    For main relevant notes see Immigration/social security (non EU) and see also notes on Collins v Secretary of State for Work and Pensions ECJ 2005 ICR 37, ECJ case C-138/02 on 23rd March 2004.

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