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Disability benefits and past presence rule
Just doing a workbook on EEA citizens’ rights, and noticed that the past presence rule for disability benefits refers to Great Britain, rather than either UK or the Common Travel Area. Where does this leave a claimant from Northern Ireland? Where does this leave a claimant from Eire? The co-ordination rules might allow periods in Eire to count as it is “another EEA country” but Northern Ireland isn’t another EEA country. What am I missing? Ruth
There is a parallel DLA scheme for Northern Ireland and it includes a past presence test that refers only to Northern Ireland. This seems to create the odd situation whereby time spent in another member state can count towards the separate past presence tests for GB and Northern Ireland, but (as far as I can see) there isn’t anything that provides for presence in different parts of the UK to be aggregated. I was expecting to see a deeming provision that says presence in GB is treated as presence in NI or vice versa, but nothing obvious catches my eye
It is an interesting anomaly. I think we have to assume this wasn’t the intention - will have to have a look at other benefits and see if the same problem crops up, or keep looking to find an answer tucked away somewhere in the regulations. Ruth