Father has failed the Habitual residence test twice.

OhWow

GlasweJen wrote: »

You won't be able to get around the 2 year wait for PIP but your father is entitled to claim the Italian equivalent.

No he isn't. To try to stop those using free movement from being a burden to another member state, the EU Directive on free movement was changed i.e. as a non-worker he cannot have benefits from that country, nor use their health service for free. From 2015, in some cases, the UK has started linking having health bills paid for by the UK, to a UK state pension. The OP's father should have brought private health inusrance when he was living in another EEA country.



Then the EEA countries that give the most benefits, started changing their benefit rules too i.e. removal of all UK benefits for those that have been an EEA citizen jobseeker for more than 6 months, the 2 year wait for DLA/PIP, the 2 child limit, Germany banning for up to 5 years if they lied on a benefits application, flat rate of Housing Benefit brought in by others. etc
http://www.frankfield.co.uk/latest-news/news.aspx?p=102782

That is why there might be away around returning British citizens who have have worked in the UK for decades, to get PIP but he needs to get advice from the CAB.

GlasweJen

OhWow wrote: »

No he isn't. To try to stop those using free movement from being a burden to another member state, the EU Directive on free movement was changed i.e. as a non-worker he cannot have benefits from that country, nor use their health service for free. From 2015, in some cases, the UK has started linking having health bills paid for by the UK, to a UK state pension. The OP's father should have brought private health inusrance when he was living in another EEA country.



Then the EEA countries that give the most benefits, started changing their benefit rules too i.e. removal of all UK benefits for those that have been an EEA citizen jobseeker for more than 6 months, the 2 year wait for DLA/PIP, the 2 child limit, Germany banning for up to 5 years if they lied on a benefits application, flat rate of Housing Benefit brought in by others. etc
http://www.frankfield.co.uk/latest-news/news.aspx?p=102782

That is why there might be away around returning British citizens who have have worked in the UK for decades, to get PIP but he needs to get advice from the CAB.

You're completely right, I missed that the dad didn't ever work in Italy. If he had worked in Italy he would have been entitled to claim the Italian equivalent of PIP/ESA but as he was just residing there and living on other sources of income without paying into their NI scheme he wouldn't be able to claim out of it.

GlasweJen

NeilCr wrote: »

Can I ask why?

Genuine question as on the face of it OP's father might be able to apply for PIP earlier in the light of the information on the CAB page. I am not aware of our office ever seeing anyone with this particular situation (applying for PIP on return from abroad) so have no relevant experience to rely on.

I missed that the dad didn't ever pay into the Italian system.

If I remember right the 104 weeks rule can be waived if the claimant meets the "special rules" (terminal) or if they were abroad with the armed forces.

sheramber

OhWow wrote: »

Their statement is correct,

The statement that is incorrect is the one made on post 60

seven-day-weekend

pmduk wrote: »

We've already established that statement as wrong, but thanks.

Why is it wrong? Like the OP's father we were BRITISH CITIZENS returning to live permanently in the UK. The difference is, we were not intending to claim any Benefits, other than my British State Pension (which I claimed when we were in Spain). We could not have claimed certain benefits straight away, but we could use the NHS straight away.

seven-day-weekend

poppy10 wrote: »

Remember he shouldn't be using the NHS without declaring he is a non-resident and therefore not entitled to free care

If he was a non-resident, then that is quite correct. But he is now resident. He has to wait a certain time to claim Benefits, but not healthcare.