Attendance Allowance and holidays abroad

missbiggles1

margaretclare wrote: »

We drive quite a lot on the European continent, recently went by Eurotunnel to France. Every time we cross the UK border our passports are scanned, in and out.

I don't think ours have ever been scanned going on the ferry (although it has been a while) and I'm pretty sure they don't do it on the train.

Happy to be corrected, of course.

brodev

I have read all the comments and I can confirm that my friends major problem is the "13 weeks in a rolling 12 month period" . Like others I can find no reference to it online yet this is what the DWP said. For clarification my friend usually goes 3/4 times a year for 5/6 weeks but sometimes only for 2/3 weeks at a time. She is a lady who doesn't sail close to the wind. Last time we talked she was in tears as she doesn't want to stop seeing her grandchildren when she still has the ability but again she doesn't want to lose her money. She is aware that rules are rules but there doesn't appear to be any confirmation anywhere of this "13 week in any rolling 12 months"

powerful_Rogue

missbiggles1 wrote: »

I don't think ours have ever been scanned going on the ferry (although it has been a while) and I'm pretty sure they don't do it on the train.

Happy to be corrected, of course.

Advance Passenger Information is collected by the travel company.
https://www.gov.uk/government/publications/exit-checks-on-passengers-leaving-the-uk/exit-checks-fact-sheet

On returning to the UK, we have 100% passport checks.

NYM

Ask the DWP. Get them to confirm anything they tell you, in writing.

FBaby

That one makes for interesting reading.

Reference to the 52 weeks under 3.23, page 10. 'DLA claimants have to satisfy a past presence test – they must have spent 26 weeks out of the previous 52 weeks in Great Britain at the point of claim and throughout an award.'

Reads that the intention was actually to change this so it would be reduced to 4 weeks rather than 26 weeks, which would imply out of the 52 weeks too.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/220483/pip-detailed-design-consultation.pdf

missbiggles1

powerful_Rogue wrote: »

Advance Passenger Information is collected by the travel company.
https://www.gov.uk/government/publications/exit-checks-on-passengers-leaving-the-uk/exit-checks-fact-sheet

On returning to the UK, we have 100% passport checks.

Thanks - I did say it'd been a while.:o

ohreally

Alter_ego wrote: »

Considering that British citizens are not clocked in or out of UK how would DWP know or prove the length of her holidays?

Perhaps there is an expectation that trust forms part of the claimants relationship.

FBaby

Does she meet this requirement?

You normally have to be habitually resident in the UK when you make your
claim and have to have been in the UK for at least 104 weeks out of the last
156 weeks

That would imply that all absences are accumulated.

But I think that is for when you apply.

May be wrong - best to get it from AA themselves

Below is the official regulation.

http://lawvolumes.dwp.gov.uk/docs/a3-0271.pdf

'he has been present in Great Britain for a period of, or for periods
amounting in the aggregate to, not less than 104 weeks in the 156 weeks immediately preceding that day'

'Day' meaning any day of the claim not just the day the claim is made, and 'aggregate' meaning total, ie. you have to be present in GB for a total of 2 years out of 3 at any time (and in some cases, 6 months out of 12).

missbiggles1

FBaby wrote: »

Below is the official regulation.

http://lawvolumes.dwp.gov.uk/docs/a3-0271.pdf

'he has been present in Great Britain for a period of, or for periods
amounting in the aggregate to, not less than 104 weeks in the 156 weeks immediately preceding that day'

'Day' meaning any day of the claim not just the day the claim is made, and 'aggregate' meaning total, ie. you have to be present in GB for a total of 2 years out of 3 at any time (and in some cases, 6 months out of 12).

That isn't really relevant to what's being discussed (visiting) and anyway, you can claim DLA/AA when living in another EU country.

FBaby

mmm, did you actually read it? It is directly relevant, ie. the person claiming at any time must have been in the country for X number of days to be entitled. The reason for being outside of the country whether visiting, residing temporary, working etc..., is irrelevant.

Yes, you can apply if you live elsewhere in the EU and this is covered in the regulation further down, however, in the case of OP, they are residing in GB.