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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA renewal whilst application for leave to remain pending

AndreaM
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Debt team - Citizens Advice Southwark

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Total Posts: 123

Joined: 16 June 2010

My client has been awarded DLA up to the end of her current leave to remain in the UK.  She will apply for indefinite leave to remain before her current leave runs out.  Once she has done that, as far as I know, her existing leave will continue until the decision on her new leave has been made.  If this is correct,  the DCS should be able to make a decision on her renewal claim, and it would then be client’s duty to report any change in her immigration status (if she gets refused).  Does anyone know whether, in practice, they are likely to make an award,  or whether they are going to postpone making a decision until she has the decision on her leave?

Tracey D
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Welfare benefits advisor - Peterborough City Council

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Total Posts: 127

Joined: 18 June 2010

Does your client have “exceptional leave” to remain or limited leave?

My understanding was that DLA couldnt be awarded under limited leave to remain. Under ELR DLA can be awared and your client retains this status while applying for an extension of their ELR, as long as they apply for the extension within the time limit (see p 1389 CPAG handbook). I would recommend sending proof that an extension has been applied for (eg solicitors letter) when completing DLA renewal.