The government has issued guidance that will allow more refugees/ those afforded humanitarian protection and their families to access disability and carers bene ts. Residence periods before claiming are no longer required.
Normally to claim Personal Independence Payment/ Attendance Allowance/ Disability Living Allowance or Carers Allowance the claimant needs to have been in the country for a certain length of time, usually two years out of the three years before claiming. A test case at the Upper Tribunal found that this past presence requirement was unlawful discrimination as it contravened article 14 of the European Convention on Human Rights. The government has changed its guidance in light of this case. The standard conditions for these bene ts will still need to be passes.
Paragraphs 6- 10 of the guidance advises when entitlement might now begin for claimants for example,
'6. Cases which SSWP stockpiled1 before 17.3.16; if deemed entitled to award, should be paid back to date of entitlement. Cases that were stockpiled after 17.3.16 should be paid from 17.3.16, if date of claim and date of entitlement are before 17.3.16 or date of entitlement if that is later than 17.3.16.'
Book now for our updated Introduction to Welfare Benefts 2016 course.