Immigrant, 71, denied benefit claim

A 71-year-old immigrant who was allowed into the country after her son-in-law promised to support her has lost her legal battle for the right to claim benefits.

Zar Begum received income support from 1999 to 2000 until the undertaking by her son-in-law Mohammed Wahid, from Coventry, was discovered.

On Thursday a judge sitting at the High Court in London decided the Social Security Commissioner was entitled to reject Mrs Begum's claim to benefits.

The judge said the widow, from Pakistan, was given indefinite leave to remain in Britain after Mr Wahid agreed to maintain her "without recourse to the State".

Sir Christopher Bellamy rejected arguments that the written undertaking was not binding because the appropriate form had not been used.

Mrs Begum originally stated that she wished to visit her daughter and two young grandchildren in the UK for six months.

The fact that it is not on a form in use at the time is not in my judgment fatal Sir Christopher Bellamy

She arrived in May 1998 after Mr Wahid gave a written undertaking to the entry clearance officer in Islamabad that he would support her, Sir Christopher said.

The Royal Mail worker also agreed to pay to repatriate her or any funeral costs.

Sir Christopher said in November 1998 Mrs Begum claimed income support and payments began the following May.

She continued to receive the benefits until they were suspended in February 2000 after a routine check revealed the undertaking given by her son-in-law.

Mrs Begum unsuccessfully appealed to a social security tribunal before taking her case to the Social Security Commissioner.