No maintenance advances after moving to France

ATA/181/1998Corte di giustizia / Camera amministrativa31 mar 1998Dismissed

Estratto da Omnilex

Sintesi Omnilex

The appellant challenged the refusal of maintenance advances under the Geneva scheme. The court held that entitlement under Art. 8 para. 1 LARPA requires domicile in Geneva. Since the appellant was no longer domiciled in Geneva within the meaning of Art. 23 SCC and had moved to France, she no longer satisfied the statutory condition. The appeal was dismissed and the refusal of advances stood.

Massima Omnilex

Art. 8 al. 1 LARPA; requirement of domicile in Geneva for entitlement to maintenance advances. The cantonal scheme ties the right to advances to domicile in Geneva, determined according to Art. 23 SCC. A person whose domicile has shifted to France no longer satisfies the territorial condition and loses entitlement; the authority must refuse or terminate advances once the domicile requirement ceases to be met.

Testo completo

Descripteurs

OBLIGATION D'ENTRETIEN; AVANCE(EN GENERAL); IP

Normes

LARPA.8 al.1

Résumé

La recourante qui n'est plus domiciliée à Genève (au sens de l'art. 23 CCS) mais en France n'a plus droit aux avances du Scarpa.

Parole chiave

maintenance advancesdomicileterritorial competencefamily supportsocial benefits

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether a person who is no longer domiciled in Geneva remains entitled to Scarpa maintenance advances under Art. 8 para. 1 LARPA.

Decisione estratta

No. Once the appellant was no longer domiciled in Geneva within the meaning of Art. 23 SCC and was domiciled in France, she no longer met the entitlement requirements.

Motivazione estratta

The court treated Geneva domicile as a condition for receiving the advances. Because the appellant had moved her domicile abroad, the statutory territorial condition was no longer fulfilled.

No maintenance advances after moving to FranceGenerato dall'IA