Sentences with phrase «ordinary residence»

Many foreign breach notification laws depend on the place of ordinary residence of the individual the breach affects.

The question is fundamentally one of the ordinary meaning of ordinary residence on which the Court of Appeal's approach is merely supposed to operate as a helpful gloss.

The question of ordinary residence does not arise in the 1989 duties.

The issue of ordinary residence is both a complex and confusing area of law.

The arrangements can include provision for the determination of cross-border ordinary residence disputes between English and Welsh local authorities.

Clause 136 would make three changes to the rules about fixing a person's ordinary residence for community care purposes.

If there regular periods of residence — ie, more than occasional visits — with a child's parents who live in a different local authority, this may establish ordinary residence in the parents» local authority even if a child spends more actual time living with foster carers.

The Court then discussed germane federal cases, noting the Fourth Circuit's conclusion «that «there is no real distinction between ordinary residence and habitual residence,»» quoting Miller v. Miller, 240 F. 3d 392, 400 (4th Cir.

The classic test for establishing ordinary residence is set out by Lord Scarman in R (Shah) v Barnet LBC [1983] 2 AC 309, 343 namely: «[that] place or country which he has adopted voluntarily and for settled purposes as part of his regular order for his life».

The hukou registration system that ties people to their place of ordinary residence deprives migrant workers of rights to welfare, education or property, and prevents them from launching businesses in the cities, where they are treated as second - class citizens.

Ordinary residence status is often far more significant than domicile when it comes to detrmining tax status - as domicile status only helps shelter passive income which arises overseas, while not being ordinarily resident allows the person concerned to allocate their income between UK and non UK duties.

(i) Section 24 of NAA 1948 currently provides that a period in an NHS hospital does not affect ordinary residence — the patient remains ordinarily resident in the area in which he was so resident prior to hospitalisation.

The case of Cornwall held great promise; many practitioners felt that this might finally be the Supreme Court's opportunity to tidy and clarify the law surrounding ordinary residence.

Given this turmoil, the crucial question is whether Cornwall has established any principles that clarify the law regarding ordinary residence.

The court held that the relevant duty under NAA 1948, s 21 applied and that P's ordinary residence at the relevant time, for the purpose of assigning that duty, was South Gloucestershire.

(iii) The Bill would also, for the first time, make provision for determination of ordinary residence disputes for the purposes of s 2 of the Chronically Sick and Disabled Persons Act 1970.

The Vale test had created, in effect, a special rule of law concerning the meaning of ordinary residence in cases of severe incapacity.

The Supreme Court has tackled the definition of ordinary residence, reports Jennifer Kotilaine

Mark Mullins reviews the approach taken by the Supreme Court to the definition of «ordinary residence» in the Cornwall case

(ii) A new procedure would be established for determining cross-border (England - Wales) ordinary residence disputes under NAA 1948, eg a dispute as to who is required to fund a care home place under that Act.

The «ordinary residence» rules are important because place of ordinary residence determines which local authority is responsible for providing a person's community care services.

The Bill provides that any ordinary residence disputes under s 2 are referred to the secretary of state or the Welsh ministers for resolution (in accordance with the arrangements made and published under NAA 1948).

In Friedrich v Friedrich, 983 F2d 1396, 1401 (CA 6, 1993), the U.S. Court of Appeals for the Sixth Circuit noted that «habitual residence» is a flexible concept that bears no real distinction from «ordinary residence.»

This article argues that, although much of the Court's reasoning in Cornwall was largely based on the specific facts of the case, there are two key principles to be salvaged from the judgment which can be used in the future to help identify a person's ordinary residence.

Disappointingly, however, this proved not to be the case and instead, Cornwall has left legal practitioners scrabbling around for any clear principles regarding how the tests for ordinary residence should be applied and how the deeming provisions should work in practice.

Given the case was decided on the law prior to the coming into force of the Care Act 2014 («Care Act») this paper will also consider how far the changes in the ordinary residence test are affected.

R (Cornwall Council) v Secretary of State for Health Represented the government in the leading case in the Supreme Court concerning the test for determining «ordinary residence» in the community care field

This was intended by Elias LJ to be consonant with Lord Scarman's remark in Shah that the expression of «ordinary residence» in the Act, and in similar Acts, carries its ordinary meaning.

Borrowing this approach, Elias LJ said [at 81] that «ordinary residence would be the place which can properly be described as the centre or focus of the child's social and family environment».

P's ordinary residence was that of his parents.

It also clarifies the law relating to «ordinary residence» under s 24 of NAA 1948 where an individual lacks capacity to decide where to live, whether a care leaver or not.

In that situation, said Taylor J, his ordinary residence is that of his parents.

Following this case, there is a different approach to establishing the «ordinary residence» of a person who is entitled to accommodation under NAA 1948, namely the place which can properly be described as the centre of focus of the child's social and family environment.

The Department of Health guidelines on ordinary residence, dating from October 2013, should now be regarded as mistaken on this point.

However, while it is possible for a court to decide that a child has no habitual residence, it will always be the case that an ordinary residence will be established for a young adult so that the relevant statutory duties may be met.

For this reason, it was held that South Gloucestershire was where P was integrated socially and emotionally and therefore was his place of ordinary residence.

Basic logic dictates that proof that a claimant did not ordinarily reside in Ontario at the time of the accident in question, as conceded in this case, necessarily means that the claimant's ordinary residence was outside the jurisdiction of Ontario at the relevant time.

Other methods of differentiation would include: over-road distance between the ordinary residence of a subject and their ordinary, daily destinations.