Detained Abroad

I have a client who is trying to claim DLA but was detained in Spain for the period 2007 - December 2012. The DLA unit is refusing the application on the grounds that he has not been present in the country for 26 weeks of the previous 52 weeks.

Has anyone come across anything like this before?

Client can prove via legal documents etc that he was unable to return to Britian and was in fact extradited to Spain in 2007.

Thanks

Thanks Tony, thought there may be some loop hole in all of this que sera sera

I would like to know how other advisers will be interpreting ‘habitually resident’ as opposed to the previous criteria of ‘ordinarily resident’. For example if I decided to visit family for 5 weeks in the 3 years prior to claiming attendance allowance would this prevent me from claiming that I was habitually resident ? Really do you think it will be more difficult for claimants?