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Forum Home  →  Discussion  →  Residence issues  →  Thread

Carers allowance - Past present test

latifa
forum member

Derby Advice - Derby Homes

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Total Posts: 1

Joined: 9 September 2011

2 siblings came from Italy Nov2022 on visa “EU Settlement Scheme family permit” ( 6 months visa) while here in UK they applied for and got residency card EU scheme pre settlement in June 2023.  Their Parents who are supporting them have settled status in the UK, the sisters are both caring for their parents.  the sisters have lived in Italy for a good while but they hold a Pakistani nationality / Passport.  Even though they came to UK and were granted the Visa Nov 2022 they put in application before the Brexit deadline and due to home office issues with losing paperwork which delayed things and after appeal they got their visa’s.
Applied for Care allowance , Care’s allowance initial decision was that they had not been in UK for 26 weeks out of 52 after questioning this I was told put in new claim and claim from date residency cards issued.   
( Here what my understanding was that as client requested backdating to 13 April 2023 they had not been in country for 26 weeks as of 13/04/2023).  Even though claim was submitted July 2023 the DWP used the backdating date to say not been in UK 26wks.
We put in another new claim and recently got decision to say you have not been in the country for 104 weeks out of 156 weeks. 
Wanted advice on this issue are DWP right in regards to 104 weeks ? if yes can this be challenged on the basis they have extended family who are their parents who have been financially supporting them and until recently where the clients (sisters)have started p/t job earning under the Care earnings limit.

any advice would help?

[ Edited: 27 Nov 2023 at 02:57 pm by latifa ]