Begum, R (on the application of) v Social Security Commissioner

Begum, R (on the application of) v Social Security Commissioner

The undertaking given by the claimant's son-in-law, though not on an official form, was sufficiently formal and definite to constitute a maintenance undertaking under the relevant statutory provisions. The claimant was excluded from income support as a person subject to immigration control due to this undertaking.

Parties
Claimant: Zar Begum; Defendant: Social Security Commissioner
Jurisdiction
England and Wales
Judgment Date
06 November 2003
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Maintenance Undertakings, Income Support Eligibility, Statutory Interpretation, Judicial Review
Immigration Law Social Security Law Administrative Law Maintenance Undertakings Income Support Eligibility Statutory Interpretation Judicial Review

Case Brief

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Parties

Zar Begum

Claimant

Social Security Commissioner

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimant was excluded from income support due to a maintenance undertaking under immigration rules
  2. 2 Whether the undertaking given was sufficiently formal to meet statutory requirements
  3. 3 Whether the Appeal Tribunal erred in its findings regarding the duration and effect of the undertaking

Ratio Decidendi

The undertaking given by the claimant's son-in-law, though not on an official form, was sufficiently formal and definite to constitute a maintenance undertaking under the relevant statutory provisions. The claimant was excluded from income support as a person subject to immigration control due to this undertaking.

Court Disposition

Application for judicial review dismissed

Orders

  • Claimant's application for judicial review is dismissed
  • Respondent awarded costs, not to be enforced without leave of the court