URGENT advice needed please - client returned from EU state and refused DLA

URGENT advice needed please - client returned from EU state and refused DLA as they have not been resident for 26 weeks in UK in last 52.

Client left UK in 2006 to live and work in EU state, suffered accident 2010 and was hospitalised prior to return to UK beginning of 2011.

No application made for any benefits in EU state although recived a small stautory payment from her employer there. Can we challenge decision from DLA?

We very rarely have cases like this so all advice much appreciated.

Thanks

As far as I am aware you have to serve out your six months in UK before claiming DLA.

hi

its my understanding that if a claimant is an EEA national (including a british citizen) who has worked at some point in any member state or is a family member of an EEA national who has come to the UK from another member state, then they are exempt from the 26/52 week past presence rule ( see p 96 of CPAG Benefit for Migrants handbook)

he problem may be satisfying the 3 month disability eligibility criteria but your client has been here for almost 3 months anyway?

I would challenge decision on the above grounds

regards jane

Hi There,

I have the very same situation at the moment.
My client returned to live in UK after 8 years in Spain due to medical condition.
She was awarded DLA H/R Mob & L/R Care but initially only from the 26 week date.
When asked to reconsider using EU law under DMG 070921 ‘any periods of residence, in another country can be taken into account in order to satisfy the past presence conditions’  She was then awarded the mobility component from outset, but was still only awarded care component from the 26 week date as they stated as this was now rec;assified as a ‘sickness benefit’ she did not satisfy the other conditions for it be paid earlier.
Didn’t really follow this - so have appealed this and tribunbal is due in a couple of weeks. If you got anywhere with your case I would appreciate any other help.
Thanks

You must be present in the UK when you make a claim for DLA and have been present for 26 weeks

As I mentioned under EU law DMG 070921 ‘any periods of residence, in another country can be taken into account in order to satisfy the past presence conditions’ .

My client was present in UK when she claimed and once the above was pointed out to them she was awarded Mobility Component from Day one - but I don’t follow why the same EU legislation doesn’t apply to the Care Component ? and why she has to wait the 26 weeks for this component?