my clt is from Poland and has not quite completed 12 mths reg work, he cares for a relative who has now been awarded mid rate dla care. it seems that as he has not satisfied the habitual residence test then he cannot claim Carers Allowance. he has been refused jsai and hb/ctb already and is appealing.

does anyone know of a human rgts or w rgts specialist in the Bham area who might take on his case.

Carers Allowance is not subject to the habitual residence test which only applies to means-tested benefits. Like DLA, the issue is whether the claimant is subject to immigration control under Section 115 of the Immigrationa and Asylum Act 1999. The act goes on to provide that EEA natioanls can never be "subject to immigration control."

But he could not claim a top-up of income support. Any chance he could go on working part-time for his original employer, up to the level permitted by carer's allowance?