× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

A2 national AA entitlement

KGPalmer
forum member

Hendon CAB

Send message

Total Posts: 1

Joined: 24 February 2012

I have a quick query… hopefully.  A2 national about to be issued with DS1500 - has been in UK for ‘a while’ - but has no nino and has not worked - lives with ‘family members’, adult children and no partner.  Can they claim AA and PC?  Thanks

Altered Chaos
forum member

Operations & Advice Manager - Citizens Advice Taunton

Send message

Total Posts: 427

Joined: 28 June 2010

Residence and presence test for AA:
They must not have any limitation on their right to stay in this country, such as a limitation on working or claiming benefits. There are exceptions to this rule, for example refugee status or exceptional leave to remain or are a European Economic Area (EEA) national.

The residence and presence test. For this they must:
•be ordinarily resident in the UK
• be present in the UK for 26 weeks in the last 12 months

If they are terminally ill (or have DS1500) they do not have to satisfy the presence test though they must still be ordinarily resident in UK.

Domino
forum member

Advice Support Project, Lasa

Send message

Total Posts: 121

Joined: 28 June 2010

He will be able to claim AA if he passes the ordinary residence and presence test (see previous post).

However, to claim Pension Credit, he would have to satisfy the right to reside test.  As an A2 national he would be subject to worker authorisation and would be required to undergo authorised work, unless he fits into an exempt group of A2 nationals who are not subject to authorisation, e.g. a family member of an EEA national who has a right to reside.  Do any of the adult children pass the right to reside test and provide material (which does not necessarily have to be financial) support to your client?