Attendance allowance refusal

emineasca

DWP refused my father’s application based on the fact that he does not have pension credit and he did not pay his NINO contributions. He does however have pension credit and has indefinite leave to remain. Can I appeal this decision ? 

HillStreetBlues

You need to ask for a mandatory reconsideration
https://www.gov.uk/mandatory-reconsideration

How long ago did your father get refused?

OhWow

emineasca said:

DWP refused my father’s application based on the fact that he does not have pension credit and he did not pay his NINO contributions. He does however have pension credit and has indefinite leave to remain. Can I appeal this decision ? 

Was you father sponsored to the UK as an Adult Dependent Relative, where his  sponsor had to give a maintenance undertaking? If he was, has he lived in ther UK for 5 years and has it been 5 years since the maintenence undertaking was signed (whichever is the later date)?

Rubyroobs

Has he lived in the Uk for two out of the past 3 years?

emineasca

Hi, thanx for your response. Yes, he moved to UK in 2015. He lives with me, I am his carer/daughter. 

emineasca

Yes, he moved to uk in 2015

emineasca

No, no adult dependant relative. Never heard of that. He’s European and has indefinite leave to remain however he is depended of me in the sense that he loves with me, I pay for everything, i care for him, etc. he has a state pension from the European country. 

Alice_Holt

emineasca said:

No, no adult dependant relative. Never heard of that. He’s European and has indefinite leave to remain however he is depended of me in the sense that he loves with me, I pay for everything, i care for him, etc. he has a state pension from the European country. 

       Did he apply for settled status (I'm assuming he is an EEA national) ?
    Or has he pre-settled status?

https://www.citizensadvice.org.uk/immigration/applying-to-the-eu-settlement-scheme/staying-in-the-uk-if-youre-from-the-eu/

   I'd take the AA decision letter to your local advice charity (along with full details of his immigration / settled / pre-settled status plus a chronology of his residence in the UK), and see if they can clarify. 

   " If you need help with personal care, you might be able to claim Attendance Allowance. To claim Carer's Allowance or Attendance Allowance you must have either: pre-settled or settled status. had a right to reside on 31 December 2020 and applied to the EU Settlement Scheme by 30 June 2021".

https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/


Not having pension credit and not having NINO contributions is not a reason (in itself) for an AA refusal.  But I wouldn't rush into a MR until you fully understand why the application was declined (you have an absolute 13 month time limit for the MR with good reasons for the delay), especially since you say he getting PC (and the DWP don't think he is).

"If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you and your family usually also need settled or pre-settled status under the EU Settlement Scheme to get Pension Credit. The deadline to apply to the scheme was 30 June 2021 for most people, but you might still be able to apply. Check if you can still apply to the EU Settlement Scheme."

https://www.gov.uk/pension-credit/eligibility

OhWow

emineasca said:

and has indefinite leave to remain.

If he is an EEA/Swiss citizen who used free movement to enter the UK and only arrived in 2015, then he can't hold Indefinite Leave to Remain.

Are you using the incorrect terminolgy with the DWP?

Under the Brexit Withdrawal agreement, the UK allowed even those who would not get the EU's PR in the UK after 5 years (as they were not complying with Free Movement laws, e.g. a working EEA citizen) to still stay in the UK as long as they applied to the UK's EUSS (EU Settlement Scheme). As Alice-Holt has stated, he needed to apply for that, just as you needed to also, by 30 June 2021 to be able to continue to live, work, have benefits if he qualified, use the NHS bill free.

If he was granted Settled Status (proved he lived in the UK for 5 years) under the EUSS, then he can have UK benefits. Pre-Settled Status does not give UK benefits, unless they have a qualifying claim e.g. working

Settled Status is a type of indefinite leave to remain, but it is not ILR ( indefinite leave to remain) and they have different rules. Pre-Settled staus is a type of LLR (Limited Leave to Remain) but is not LLR and they have different rules.

ILR is gained through using the UK immigration rules, where they must be sponsored to the UK, pay for all many visas and pay a £600 a year contribution the NHS when they pay for a visa (for LLR in the UK) right up until they are granted ILR. Once granted ILR, they can have UK benefits and use the NHS.

Has your father been granted Settled Status?

emineasca

I can’t thank you enough for your response ! You are giving me hope and I really thank yo for this. So he has indefinite leave to remain and he has been living in uk since 2014 actually. Has national insurance number and pension credit. So do you think it is an error from DWP side? I truly think he is entitled as he can access benefits considering he has indefinite leave to remain. 

emineasca

Hi Alice ! Thank you so very much for responding. I also believe this must be some sort of an error….yes, he has indefinite leave to remain and pension credit. He moved in with me at the end of 2014 and he was granted indefinite leave to remain. I hope I can sort this out with the mandatory reconsideration otherwise I might need to take this matter to court to appeal. DWP rationale was that he does not have state pension and he did not pay his NINO contributions. This is why he was rejected. But once he has pension credit and indefinite leave to remain, it means he is entitled to benefits. So confusing …!