Attendance Allowance on return to UK

Hi,

I am aware that the rules change from 8 April 2013 and from that date to satisfy the residence and presence tests the claimant must have been present in Great Britain for 104 weeks out of the 156 weeks before claiming AA and be habitually resident.

Does anyone know how the European Co-ordination rules work in the situation where a British national was abroad in an EEA county for many years (working and then claiming a pension) but have family (grown up children) in the UK and came back about 6 months ago. They get a British state pension and HB. I am trying to see if there is a way that they can get AA before the 104 weeks.  They do not yet come under ‘special rules’.

Any help would be appreciated.

Thank you.

A person can take advantage of the co-ordination rules and aggregate periods of residence from other member states if they have been subject to the (social security) legislation of more than one member state.  So if you have received benefits in more than one member state, or were potentially eligible, you should be covered.

The DWP issued Decision Maker’s Guidance in April 2012 - DMG Memo 19/12 - that presents its stance on the past presence test, the EU co-ordination rules and claims by “incomers” -

see http://www.dwp.gov.uk/docs/m-19-12.pdf