Ordinary residence disputes: National Assistance Act 1948
Determination of ordinary residence disputes pending the outcome of Cornwall Council v Secretary of State for Health and Others.
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This note sets out the department’s position on the determination of questions of ordinary residence referred to the Secretary of State under section 32 of the National Assistance Act 1948, pending the department’s appeal to the Supreme Court in the case of Cornwall Council v Secretary of State for Health and Others (Cornwall). The department may decide to stay some ordinary residence dispute determinations where it considers necessary and in the interests of good administration, certainty and consistency, pending clarification from the Supreme Court.