past presence test

Hi

Im just making one last final check that I haven’t missed anything under the past presence rules. I am working with a lady who is a British Citizen (working here currently); prior to this, she did some voluntary work in Thailand and adopted a young boy with severe disabilities. The adoption has been formalised in UK and the child has been granted British Citizenship. Mum has applied for DLA but this has been refused on the basis of past presence test. The boy doesn’t meet any exemptions or criteria for shorter periods. Mum hasn’t worked in any other country in the EEA (other than UK) so hasn’t exercised any treaty rights.

I cant see any way around the past presence rules but always worth a double check in case I am missing anything?

thank you

Reg 22 of the PIP Regs looks interesting….

22.  Regulation 16(b) does not apply in relation to a claim for personal independence payment where on any day –
(a)C is habitually resident in Great Britain;
(b)a relevant EU Regulation(12) applies; and
(c)C can demonstrate a genuine and sufficient link to the United Kingdom social security system.

Both mother and child would be habitually resident, but would the relevant EU regulation apply to these claimants…

See Section 84(2) of the Act (Welfare Reform Act) for the meaning of ‘relevant EU Regulation’.....

84(2)Each of the following is a “relevant EU Regulation” for the purposes of this section—
(a)Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

1408/71 looks like a very long and complicated read so can anyone link this Council Regulation to our claimants circumstances in this case!

Thankyou J McKendrick :)  I think I am right that in order for a EU regulation to apply, A British Citizen must have exercised treaty rights. (the’ moving within the community’ bit) If Mum had worked/lived in an EEA country and then returned to UK, I think we could use this reg, but she has not. Im sure if I have got this wrong, someone will let me know? but thankyou for your help