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Carers Allowance and Habitual Residence Test
A terminally ill client’s son has come back to the UK to look after her. He’s been backpacking around the world. He’s been caught by the HBT. I know HBT does not apply to the DLA claimant. Is anyone aware of a remedy please. Thanks
I’d try to argue that as he was moving around then he wasn’t intending to set up residence anywhere and always intended to return to the UK, his permanent place of residence. Thus his absence from the UK was temporary, and was always meant to be so, thus he never broke his habitual residence in the UK. And, there is no rule of law concerning what length of period constitutes temporary.
Thanks
It’s certainly worth arguing as Paul advises, I’ve just had a JSA client whose HRT appeal was allowed today within 9 days of him returning to the UK after a similar period abroad in similar circumstances to your client.
Thanks Paul
There are 2 tests for CA and PIP/DLA.
The first is the past presence test that means you have to have been in the UK 104 out of the last 156 weeks - does you client pass that? As far as I can see there are no exemptions for CA purposes from that
Only after that one do you need to worry about HRT. I agree with the comments from other posters on the HRT in your client’s circumstances.
However, special rules cases for PIP or DLA are NOT exempt from HRT (only from the past presence rules). Clients can die waiting for a decision on HRT and as far as I can see there is no fast tracking for a decision on that you just have to send in overwhelming amounts of evidence with the claim and cross your fingers
EEA Regs 2006 (Immigration) 7, 8 and 15A
There are 2 tests for CA and PIP/DLA.
The first is the past presence test that means you have to have been in the UK 104 out of the last 156 weeks - does you client pass that? As far as I can see there are no exemptions for CA purposes from that
A claimant can be eligible to receive Carer’s Allowance if you don’t meet the past presence test if they can show a “genuine and sufficient link to the UK”.
When they are considering this criteria a DM will look at any UK National Insurance contribution record, work history in the UK, social security record, family circumstances, whether they have spent a significant part of their life in the UK etc.