Hi guys can you help with this one.

We have a case where a client (uk citizen) has returned to the UK after 40 + years living and working in Canada. He has returned because he is terminally ill with Stomach cancer and has, basically, came back to die here. His mother and aunt still live here.

Client last worked in Canada 3 years ago when he was forced to give up due to ill health, but he did not avail himself of any benefits over there.

He has cut all ties with Canada and came over on a one way ticket. He has been over 3 times in the past year for a month at a time to sort things out before coming for good.

DLA has been awarded under special rules, but client has been refused Income Support as they have classed him as a PFA.

Anyone know if there is any way to try and help him pass the HRT, as I seem to be hitting a brick wall?

Thanks in Advance

A good starting point for a brief discussion on the HRT for those coming from outside the EEA can be found at: -

http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd991021/nessa.htm

Wed 19-Mar-08 09:06 AM by ken

Edited to correct links

And building on Nessa

CIS/4474/2003

http://www.osscsc.gov.uk/aspx/view.aspx?id=1308

R(IS) 7/06

http://www.osscsc.gov.uk/aspx/view.aspx?id=1708

as a british citizen, and in his circs, he may be able to to establish habitual residence in a very short time. he has a fairly clear intention to remain here (1 way ticket, 3 trips to finalise matters in Canada.) likelihood he might he change his mind? how fit is he to travel...? on going treatment or nursing arrangements...?
when did he come here?

How long has he been here?

I would expect DWP to to agree that he was habitually resident after no more than 3 months, and optimistic that a Tribunal would award benefit after 4-6 weeks presence. The clock for these would definitely start ticking after his latest arrival on the one way ticket. But IF his latest one month visit was less than 2 or 3 months prior to that you could even argue that he was habitually resident from the date of his earlier arrival (his last visit to Canada being a temporary absence as a UK resident).

I'd stick in an appeal against the DWP's decision and ask the Appeals Service to 'expedite' the hearing. A new claim might be adviseable depending upon the circumstances (eg if he clocked up 3 months in the meantime).

I don't think you say, but I'm assuming that he no longer has property, a tenancy or income in Canada, it could weaken, but should not fatally undermine his case if he still has any of these.

Check which palliative care team / hospice he comes under. They may be able to help you with some valuable evidence if it goes to appeal.

If DLA are accepting that he is ordinarily resident, surely this would mean that he is described as settled here (see CPAG pg 1368)

I had a very similar one from US and they accepted him as habitually resident straight away due to the DLA & coming back to UK to die & be with his family.