Disability income paid by a foreign government

Afternoon,

Have a query that I haven’t come across before and at the moment haven’t been able to find out an answer so am posting this in the hope that someone else knows the answer.

Person in question was a victim of torture in the US. She was rescued from the US and now resides in this country. She’s passed the habitual residence test so the issue about her claiming benefits isn’t a question.

As a result of the torture in the US, the US government pay her a disability benefit payment every month (due to both physical and mental health problems). She’s been receiving these payments for several years.

My question is this - if someone receives a disability benefit payment paid by a foreign government, does this entitle her to be awarded the severe disability premium when housing benefit entitlement is calculated?

Any thoughts or suggestions? (please!!)

John

No I don’t think it would entitle that person to the sever disability premium.

The guidelines state that for Severe Disability Premium in Housing Benefit client needs to be blind or taken of the register in the last 28 weeks; on attendance allowance, disability living allowance, personal independence payment, long term incapacity benefit, severe disablement allowance, the disability element or severe disability element of working tax credit, war pensioner’s mobility supplement, constant attendance allowance, personal independence payment, armed forces independence payment but give no other reason for its award.

Interesting case though; how much of that income will the Local Authority disregard? I don’t know this answer at all.

Can the client, if they can pass the habitual residency test, get Personal Independence Payment? I think they would.

Thanks Andrew.

That was my reading of it too but wasn’t sure if a disability benefit paid by a foreign goverment could be taking into consideration.

At the moment the local authority are taking the full amount of the disability benefit into account as income, they are not applying a disregard.

With regards to the issue about claiming PIP, I’m looking into this at the moment but think there is some issue that if she claims PIP here, her disability benefit from the US could cease. She receives more from the US than she could under PIP, even if she were awarded the enhanced rates and if you included the SDP in the HB calculation, so she’s very wary about going down this route.

John

I’m intrigued by this one (and it’s not often I say that any more, old & jaded as I have become), as the majority of payments for victims of torture and suchlike are disregarded in legislation (Japanese POW & etc) either as capital or income, as appropriate.  I have a feeling a bit more information might be needed on this case, it may fit somehow.

Hi Lorraine,

The information I have been given is that the regular payments she receives from the US government are disability payments as opposed to payments for victims of torture. She’s entitled to these payments as a result of her physical and mental health problems, so to me it looks more like the US equivalent of PIP rather than compensation payments for victims of torture.

I’ve tried to argue that the payments should be disregarded (either as a victim of torture payment or a disability benefit payment) but the local authority are saying this only applies if the payments are made by the UK government.

It’s an interesting one and not one I’ve come across before!