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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Claiming Attendance Allowance after returning to UK from Spain

AleksC
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Benefit Advisor McCarthy and Stone

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Joined: 3 December 2015

My client retired to live in Spain 14 years ago.  Due to poor health, in September 2016 she sold her Spanish home, moved back to the UK and bought a flat in the UK to live in permanently.  She has ongoing health problems and has moved back to the UK to be near family.  She has been refused Attendance Allowance as she has not been present in GB for 104 weeks out of the last 156.  Is there a right of appeal against this decision and if so has anyone had any success?

Daphne
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If she can show a genuine and sufficient link to the UK then she may be able to use the time in Spain as counting for the past presence test. Who pays her pension as they are probably the competent state. If it is the UK then I think she should be OK to argue that the time in Spain counts - see CPAG pg 1575

AleksC
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Benefit Advisor McCarthy and Stone

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Total Posts: 12

Joined: 3 December 2015

Thanks for this Daphne, she does get her pension from the UK so we will try this argument.