Carers Allowance is not subject to the habitual residence test which only applies to means-tested benefits. Like DLA, the issue is whether the claimant is subject to immigration control under Section 115 of the Immigrationa and Asylum Act 1999. The act goes on to provide that EEA natioanls can never be "subject to immigration control."
But he could not claim a top-up of income support. Any chance he could go on working part-time for his original employer, up to the level permitted by carer's allowance?
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