A bit of a complex DLA/UC question

Jonpolley

Hi there, 
I'm wondering if anyone can help or advise me on my situation. It's a bit complex. 
I and my children are all British citizens. I've paid tax and national insurance for 16 of the last 20 years. 
In 2014 I moved to live in Spain with my (now ex) wife.
I worked in Spain, teaching in a British school, however (and I think this may be key to what I will ask later) my contracts were only ever temporary. (A way of the school's owner saving money) 

Our marriage down and I moved back to the UK in August 2018. While in Spain it became apparent that my eldest son was autistic and in fact had quite profound learning difficulties, he was diagnosed as being disabled in Spain. 
I have custody of both children (aged 8 and 4) and they live with me, because of my eldest son's disabilities I cannot work. I can and do claim Universal Credit. 
However, (and this will probably be quite shocking to most people) my eldest son cannot claim Disability living allowance, which means, in turn, I cannot claim carers allowance or the carer's component of Universal credit until we have been back in the UK for two years. 

Does anyone know if this is actually the case? My work coach seems to have no clue about my entitlement as the situation is not exactly "normal" and simply tells me I cannot claim until we've been back in the UK for two years. 
However, I have been led to believe that because I was never employed on a permanent basis in Spain that the two year wait to claim may not actually be correct, which would also allow me to backdate any claims. 

Thanks!

NeilCr

Some information here

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/before-you-claim-dla/check-if-you-can-get-dla/

In particular the drop down about child living abroad

Can I suggest a visit to your local CAB

Jonpolley

Thanks, I really need to go to the CAB, but my local one never seems to have appointments, at least not when I can attend, as I'm usually caring for my son. 

But on the link you shared theres a key bit of information that confirms I might be eligible

"claimed benefits in the EU, Norway, Switzerland, Iceland or Liechtenstein for 2 out of the last 3 years"

As my contracts were temporary, during the summer holidays (June -Sept) every year I used to have to go on Paro (Spanish unemployment benefit) Which at the time was annoying as it just seemed like a way for my employer to skimp on wages (which it was) but Spanish unemployment is very generous and based on your previous salary (at least for a few months) so it never really bothered me. But now, in hindsight, it might mean I am eligiable for DLA for my son. 

unforeseen

Your temporary contract isn't temporary and is standard for teaching in Spain. My daughter is the same. It is not a way for the owner to save money. It is a twist on a zero hour type contract and  is specific to Spain. It has a special name but I can't remember it. You will get paid for the school year IE Sept-June and you claim Paro for the gap.

Jonpolley

It is temporary in the sense that after a certain number of years they either have to let you go or change your contract to a "finicito discontinuo" which is a traditional full time contract. The contract I was on translates literally as a "seasonal contract" and the employer was under no obligation to renew it each year. And at the end of each contract there was essentially a severance paid, regardless of the contract being renewed each year.

But in terms of being able to claim DLA for my son the key thing will be that I did claim Paro each year I was there,

[Deleted User]

Jonpolley said:

It is temporary in the sense that after a certain number of years they either have to let you go or change your contract to a "finicito discontinuo" which is a traditional full time contract. The contract I was on translates literally as a "seasonal contract" and the employer was under no obligation to renew it each year. And at the end of each contract there was essentially a severance paid, regardless of the contract being renewed each year.

But in terms of being able to claim DLA for my son the key thing will be that I did claim Paro each year I was there,

 But you didn't claim for 2 out of 3 years because you were working. 

calcotti

As your you have been back in the UK for 18 months I don’t see how you can meet any test based on activity in the EU for two out of the last three years.
Looks like you will have to wait until August before applying.