Ahmed v Secretary of State for Work & Pensions [2005] EWCA Civ 535 (19 April 2005)

Ahmed v Secretary of State for Work & Pensions [2005] EWCA Civ 535 (19 April 2005)

The statutory declaration stating 'able and willing to maintain and accommodate' does not constitute a maintenance undertaking as required by section 115(10) of the Immigration and Asylum Act 1999; it is a statement of present fact, not a promise for the future.

Citation
[2005] EWCA Civ 535
Parties
Claimant/respondent: Ali Ahmed; Defendant/appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
19 April 2005
Procedural Posture
Appeal From Social Security Commissioners / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Maintenance Undertakings, Income Support Eligibility, Dependent Relatives, Statutory Interpretation
Immigration Social Security Maintenance Undertakings Income Support Eligibility Dependent Relatives Statutory Interpretation

Case Brief

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Parties

Ali Ahmed

Claimant/respondent

Secretary of State for Work and Pensions

Defendant/appellant

Procedural Posture

Appeal From Social Security Commissioners / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a statutory declaration by a sponsor constitutes a maintenance undertaking under section 115(10) Immigration and Asylum Act 1999
  2. 2 Whether the claimant was excluded from income support during the first five years of residence

Ratio Decidendi

The statutory declaration stating 'able and willing to maintain and accommodate' does not constitute a maintenance undertaking as required by section 115(10) of the Immigration and Asylum Act 1999; it is a statement of present fact, not a promise for the future.

Court Disposition

Appeal dismissed

Orders

  • Public funding assessment of respondent's costs
  • Respondent to have costs of appeal