Puzzling one for a friend of a friend

I am neither a disability or an immigration competent person - I know very little indeed - so I’m entirely the wrong person for this query.  A friend knowing that I am a ‘benefits’ person has passed on a query to me. 

In summary:

A UK born man emigrated to Australia in the late 1980s.  He is now in his late 40s and has been incapacitated by a stroke.  His mother, in her 80s, is his carer and has the equivalent of a PoA for him.  She is getting frailer and is concerned for what will happen to him if she dies.  He has no other relatives or people who would take responsibility in Australia.

He has a house worth about £220,000 which she has put on the market and about £15,000 in cash.

She wants him to move back to the UK where he has a nephew who would take responsibility for him.

She says that he would need to receive disability benefits to be able to afford to live in the UK.

She has said to his nephew that she’s been told that he would be able to get benefits in the UK.

The nephew (the friend’s friend) wants to check.

Well- as he’s presumably still a UK citizen I can’t see there’d be any immigration issue as such. Benefit-wise he’d be subject to the HRT (so probably nada for the first 3 months or so following his return) and once he’s through that hurdle he’d be subject to the past presence test for PIP so unless I’m missing anything he’d be unable to receive PIP until he’s been back in the UK for two years. IR ESA would be affected by his cash savings and the proceeds from the house sale once the house is sold (unless the plan is to put it into some form of trust possibly, or use the funds to purchase a suitable property for him in the UK?)

So initially nothing, IR ESA (with a tariff income deduction) after the first 2-3 months following his return (until the house is sold) and HB/CTR (if applicable) and PIP after 2 years seems about it..

Our returnign from abroad factsheet might offer some help here Gareth. Although it’s aimed at older people, there’s much that’s relevant to your friend.

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS25_Returning_from_abroad_fcs.pdf?dtrk=true

It’s also about to have an updated version avaialble in the next couple of days.

This one on Arranging for someone to make decisions on your behalf might also help if he doesn’t have capacity.

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS22_Arranging_for_someone_to_make_decisions_on_your_behalf_fcs.pdf?dtrk=true

and it may be necessary to involve the CoP, of course… unclear whether the person has capacity or not.

and what is the australian provision for people in that situation? would Oz want to force him back home? etc etc ....

Agree with the above. Just for the record:

- there used to be a reciprocal social security agreement with Australia, which will only now affect those entitled to benefit via that convention at the point it was revoked in 2001.

- maybe check from the Australian end if any benefits are exportable, e.g. see here.