Does anyone know of any way around this rule. My client was examined by Boston Eye Hospital as no comparable treatment was available in the UK. The hospital offered to assist but insisted that he be resident whilst undergoing treatment whilst he was there he had a heart attack died for a while and was deprived of oxygen, had a triple bypass and still went blind..... when he retuned to the UK he was certified blind and disabled , with partial hearing and sensory loss in one side of the body....The department of works and pensions inposed a 26 week wait for Disabilty living allowance, he appealed, offered them doctors notes , letters etc , although excepted as permanatley resident he remains unable to get around the 26 week qualifying rule which does not take account of his condition whilst in the US. Any comments would be helpful

ummm ....26 weeks?

Care component - as I read it, the SS(C &B) regs - S71 (2)(a)(i) refers to having to had suffered from the condition(s) for a period of three months (13 weeks) preceding the date on which the award of that component would begin - mind you, it does also go on to say in sub para (ii) "...or such other period of three months as may be prescribed".

Does this otherwise relate to residency - did he have any problem with any of his other benefits .....

The CPAG handbook states that he must have been present in Great Britain for at least 26 weeks out of the last 12 months. This is in addition to being "ordinarily resident" and to the three month forward test.

There are some exceptions. Temporary absences of up to 26 weeks are ignored, and so are "any further absence for the purpose of treatment if you obtain a certificate from the Secretary of State to the efect that the further abscence is reasonable." What it does not say is how to get this certificate. How long was he in America? If it was over 26 weeks, then I think getting this certificate is the only option. Maybe the DLA office in Blackpool would know how to apply for it?

He was in the US for over 26 weeks undergoing treatment. He was not aware of a certificate so didn't apply. I'll look into this further, thanks for your response.