Attendance Allowance claim for non UK resident
Client has British residency status and is a carer for mother in law age 78. The mother in law has only been in the UK for 9 months. They have applied for Pension Credit in July and are waiting on a decision as to whether she can claim that. The carer’s husband is here on Italian passport. The mother in law has come from a non EU country, I believe it was either Iran or Pakistan.
I am wondering whether the mother in law could maybe use the ‘genuine and sufficient link’ argument at all (e.g. Kavanagh and Mohamed), or does this only apply to EU citizens?
Just checking on the off chance if there is any way round the past presence test for this lady to claim Attendance Allowance
CPAG’s lead solicitor Carla Clarke described the Kavanagh and Mohamed judgment as involving “disabled EU citizens, including UK citizens, who relocate or return to the UK from another EU country because their carer is fundamentally connected to the UK”.
Does this help?
The authority more broadly has it that the “genuine and sufficient” link has to take into account a breadth of fact, not merely past presence.
So long as making a claim wouldn’t jeopardise the mother-in-law’s immigration status in some way, I’d consider just putting in a claim and seeing what happens.