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PIP/DLA/AA, people coming to Britain from Northern Ireland, the Isle of Man & Channel Islands post Brexit

Pat O Banton
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Information and Advice Worker - ICCM

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Don’t know if anyone can shed any light on the thinking on this.

As many of you will know, in order to get past the Past Presence & HRT to qualify for PIP/DLA/AA applicants have to be resident for 2 out of previous 3 year in Great Britain & pass the usual HRT criteria.

However the guidance in this states that ‘C2023 Northern Ireland, the Isle of Man and the Channel Islands are not part of GB.’ Chapter C2 International Issues Personal Independence Payment. I believe that at the moment it is relatively straight forward for these residence to arrive in Britain & to qualify for PIP, as an applicant could demonstrate a ‘genuine & sufficient’ link to the benefit system, however I believe that this caveat extends to EU citizens & so is may not remain after Britain leaves to EU. 

Firstly am I missing something in the regs & people from the stated areas can claim PIP/DLA/AA straight away as a result of a different part of the regs? Or was there something in place prior to Genuine & Sufficient that enabled claims to be made without a waiting period?

Paus17
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I don’t think this is affected by Brexit. For NI it is governed by a reciprocal arrangement between the DWP and the equivalent department in NI. The agreement is set out in The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016. The key wording is: “For the purposes of all the provisions of the systems of social security established by the legislation [that is, the GB legislation and the NI equivalents]—

(a)acts, omissions and events and in particular residence, presence, employment (including employment as a mariner or airman), the occurrence of an industrial accident or the development of any prescribed disease, the payment, crediting or treating as paid of contributions (including graduated contributions and payments in lieu of graduated contributions), the refund of contributions paid in excess of the annual maximum amounts payable and the payment or claiming of benefit; and
(b)the operation of any provisions as to exception from liability to pay contributions,
having effect for all or any of those purposes in one territory shall have corresponding effect for all or any of those purposes in the other territory.”

There’s probably something similar for the IoM.

Pat O Banton
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Paus17 - 23 January 2020 04:42 PM

I don’t think this is affected by Brexit. For NI it is governed by a reciprocal arrangement between the DWP and the equivalent department in NI. The agreement is set out in The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016. The key wording is: “For the purposes of all the provisions of the systems of social security established by the legislation [that is, the GB legislation and the NI equivalents]—

(a)acts, omissions and events and in particular residence, presence, employment (including employment as a mariner or airman), the occurrence of an industrial accident or the development of any prescribed disease, the payment, crediting or treating as paid of contributions (including graduated contributions and payments in lieu of graduated contributions), the refund of contributions paid in excess of the annual maximum amounts payable and the payment or claiming of benefit; and
(b)the operation of any provisions as to exception from liability to pay contributions,
having effect for all or any of those purposes in one territory shall have corresponding effect for all or any of those purposes in the other territory.”

There’s probably something similar for the IoM.

Thanks for that, I figured that there must be some caveat somewhere that allows people to claim without having to be subject to the PP test. That piece of legislation is a keeper!