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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

DLA and person subject to immigration control

jude westwood
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Welfare Rights, Blackpool Council

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Joined: 24 August 2010

My clients are a married couple - the wife is a UK citizen and the husband is from Jamaica. He’s been in the UK for several years, was self-employed for a while, but had to stop due to ill-health.
His wife applied for JSA, and after a lengthy delay whilst the DWP investigated the husband’s immigration status, the benefit was, and still is, being paid at the couple rate. They also have joint CTC and HB/CTB claims in payment.
The husband has kidney failure, and undergoes dialysis three times a week, taking a day to recover in between sessions, and so he made a claim for DLA. This has been turned down as he’s a person subject to immigration control.
However, I understood that this does not exclude someone from non-contributory benefits if they are a member of an EEA national’s family.
Would someone be able to clarify this for me please?

WB-room
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ashfield cab, sutton in ashfield

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I have a similar case,client with family members who are UK nationals I spoke to CPAG last week who advised to claim as client would be entitled to DLA or AA as these non-contributory benefits are not restricted in all cases to people subkect to Immigration control.  HOWEVER I believe DLA is counted as puiblic funds so you need to check that your client is not subject to a public funds restriction If you have access to CPAG handbook it s a useful tool. The essential bit is the UK [EEA national] connection.

[ Edited: 27 Feb 2013 at 01:53 pm by WB-room ]
jude westwood
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Welfare Rights, Blackpool Council

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Joined: 24 August 2010

Thanks, I’ll check on that.