just had an unusual query from one of the team here.
If a person in in the UK as a diplomat, can they claim welfare benefits if they have a disabled family member with them?

My view would be no, as diplomatic status does not (as far as i know hold R2R) However recent news from the Border Agency, announced changes to the treatment of application for private servants in diplomatic households. Private servants would be able to apply for settlement (indefinite leave to remain) under the new Tier 5 of the points system at the end of five years.


I guess the second point would be where the diplomat was from, whether it be an EEA or outside EEA. If in the EEA then any applicable benefit application would/should be made in home country, if outside EEA and no applicable benefits as such, then that would be different. As not covered by EU legislation.

There are quite clear rules around properties occupied by a diplomat and their dependants, with regard council Tax though. Where members of visiting forces and those with official diplomatic status (and their dependents) who are not living in one of the categories below, still qualify for a discount to their Council Tax bill.

Properties owned by the Ministry of Defence for armed forces accommodation (including married quarters)

Properties occupied only by members of visiting forces and their dependants

Properties occupied by a diplomat and their dependants
Members of visiting forces and those with official diplomatic status (and their dependents still qualify for a discount to their Council Tax bill.

I would assume the border agency would be able to provide the most accurate response.

Completely of the cuff here....but wouldn't the custom of Diplomatic Immunity apply?

Typically the Diplomat is exempt from the host countries laws under the Vienna Convention on Diplomatic Relations 1961.

http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

This covers I believe family members also.

I'd have said (off the cuff) that in principle you can't pick and choose which laws you want to benefit from or to avoid.

The situation seems to be that UK law has no jurisdiction.