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AA and past presence test
Hi there
Am I missing something?? Jamaican man arrived in the UK in July 2016 to be cared for by his daughter. Claimed AA for her father in December 2016 and provided details of his UK citizenship and time spent in Jamaica. How is this possible with the past presence test - he is habitually resident but still needs to pass the PP test to qualify. He has dementia but is not terminally ill.
He does receive SRP so has a sufficient link to UK but he wasn’t in an EU country before UK. Checked reciprocal agreements - only apply to pensions.
Am I missing something really obvious?!
[ Edited: 22 Mar 2018 at 05:45 pm by JojoMitchell ]even uk citizens have to be here for a period before qualifying for benefits - this government changed the rules…..
http://www.cpag.org.uk/sites/default/files/Changes to Residence and Presence Tests - Workshop Notes.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/658452/dmgch0702.pdf
and extract from the government document:
The Past Presence Test
071715 It is a condition of entitlement to AA, DLA and CA that, in respect of any day of
potential entitlement, the claimant must have been present in GB for a specified
period in the past (“the past presence test”).
071716 See memo DMG 23/17 From 17.3.16 PPT is no longer to be applied to claims
submitted by refugees and their family members or to people with Humanitarian
1 Protection status and their families . All claimants must satisfy the other conditions
of entitlement.
1 [2016] UKUT 149 {AAC}
071717 Subject to the rules relating to DLA (Care Component) for those aged 3 and under
described in DMG 071718 to 071720 below, the requirement is1 that in respect of any
day for which benefit is claimed, the claimant must have been present in GB for a
period of (or periods totalling) 104 weeks in the 156 weeks immediately preceding
that day.
Note: the past presence test was changed from a requirement that a claimant be
present for 26 weeks out of the previous 52 by amending regulations made in April
2013. See DMG 071721 for details of when this change takes effect.
1 SS (AA) Regs, reg 2(1) (a) (iii); SS (DLA) Regs, reg 2(1) (a) (iii); SS (ICA) Regs, reg 9(1)(c)
so your client will have to wait until her dad has been back here that long before a claim will be accepted…
That’s what I thought and told her but AA have accepted his claim and have awarded it!
That’s what I thought and told her but AA have accepted his claim and have awarded it!
nice one…..