Past Presence test and Carer’s Allowance

Cl has returned to the UK to care for his mother who is in receipt of AA. He has been in Africa and the Middle East since 1999 and is a UK citizen. He has returned to the UK for short periods of work over the years. He is not working in the UK. He has other family members here. He is registering with a GP etc .

His CA claim has been refused on the basis that he does not meet the past presence test.

A quick scroll through Rightsnet directs me to ADM memo 11/19, but this does not appear to be available. How can he argue that he has a ‘genuine and sufficient’ link to the UK in his MR request?

Thanks in advance

“Genuine and sufficient link” is an EU law concept and has no application to the facts provided where the claimant has been working in non-EU countries.

For an ambitious argument that the entire concept of the PPT is discriminatory against ex-pats, see https://www.rightsnet.org.uk/forums/viewthread/19146/

Thanks Elliot. The DWP appears to have quoted the ‘genuine and sufficient link’ line in the decision notice as the cl quoted it in their email.

I had seen the other thread, thanks Elliot.