Attendance allowance refusal

marcia_

 How does he have ILR if european? 

 If he has settled status when did he get that? 

 See the post above

emineasca

Yes it is called “indefinite leave to remain” or settled status. I just checked the letter from home office to make sure I make no mistake  

emineasca

He got it in October 2021. 

OhWow

emineasca said:

Yes it is called “indefinite leave to remain” or settled status. I just checked the letter from home office to make sure I make no mistake  

Then his immigration status in the UK is Settled Status. He applied to live in the UK under the EUSS (EU Settlement Scheme) and was given Settled Status, as per the Brexit Withdrawal Agreement.

"What you’ll get

You’ll be given either:

• settled status, usually where you’ve lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
• pre-settled status"

https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means

As already stated, holding Settled Status does give indefinite leave to remain in the the UK but it is NOT the same as holding ILR (Indefinite Leave to Remain).

It's actually better to have Settled Status as these can live outside the UK for up to 5 years and can still return tlo the UK, as long as they return to live in the UK before 5 years. Plus Settled Status  was free to the applicant.. e.g. they don't lose any money if they are refused as it was a free application.

An ILR holder can only live outside the UK for up to 2 years. They paid for £2,404 fee for their ILR application (which they lose if refused) , had to pass the Life in the UK Test and pass the English test.

https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2022

ILR is also referred to as "settlement" because that is the end of their immigration journeyand they are now settled in the UK.

Both ILR holders and Settled Status holders have the same rules for British citizenship and pay the same fee, presently £1.126. They must all meet the same requirements. e.g. time outside the UK, and must pass the Good Character requirement. Those on Settled Status will also have to pass the Life in the UK test and the English test (if they are under a certain age), which those on ILR will not have to do as they had to pass those to be granted ILR.

OhWow

emineasca said:

Yes it is called “indefinite leave to remain” or settled status. I just checked the letter from home office to make sure I make no mistake  

Here is the UK goverment making clear that indefinite leave to remain (ILR) is not the same as Settled Status

If you have indefinite leave to remain (ILR)

You can usually apply for ILR after you’ve lived in the UK for 5 years.

To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.

If you have ‘settled status’ under the EU Settlement Scheme

To apply for citizenship with settled status you must usually have lived in the UK for 12 months after getting it.

If you have not applied to the EU Settlement Scheme

You might still be able to apply for settled status under the EU Settlement Scheme. You can then use this to apply for citizenship.

The deadline to apply to the EU Settlement Scheme for most people was 30 June 2021. You can still apply if you have ‘reasonable grounds’ for not being able to apply by the deadline.

https://www.gov.uk/british-citizenship

emineasca

Ok….so is he then eligible for attendance allowance or not ? 

sheramber

from the following he should be able to claim.

https://www.gov.uk/attendance-allowance

You must also:
be in Great Britain when you claim - there are some exceptions, such as members and family members of the armed forces

• have been in Great Britain for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)
• be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
• not be subject to immigration control (unless you’re a sponsored immigrant)

https://www.citizensadvice.org.uk/immigration/benefits-services-and-your-immigration-status/check-if-your-immigration-status-lets-you-get-benefits-and-help-with-housing/

Check if your immigration status lets you claim public funds

You’re always allowed to claim public funds if you have any of the following:

• British or Irish citizenship

• settled status from the EU Settlement Scheme

• indefinite leave - unless you came to the UK on an adult dependent relative visa

• refugee status or humanitarian protection

• right of abode

• 
  

Jimjim78

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. 

If your father is in receipt of a state pension from an EU or EEA country it is most likely that that country is what is called the Competent State. If that is the case then that country is responsible for paying certain benefits & not the UK.

You father should be able to claim the equivalent of Attendance Allowance from the country paying his pension, any award would of course be dependant on him meeting the conditions of entitlement for that benefit. From what you have said, it's likely your father wouldn't be entitled to UK Attendance Allowance.

The letters issued by DWP are generally not very clear and it's worth getting further clarification of the decision from them. As an earlier poster has suggested you can request a Mandatory Reconsideration of the decision.

To help you decide if that is the action you want to take you can contact the DWP and request to speak with the Decision Maker who made the decision, they will provide a verbal explanation of the decision and can also provide you with written statement of reasons for the disallowance if you request it. 

poppy12345

Jimjim78 said:

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. 

If your father is in receipt of a state pension from an EU or EEA country it is most likely that that country is what is called the Competent State. If that is the case then that country is responsible for paying certain benefits & not the UK.

I see no reason why they can't claim AA because they are already claiming Pension Credit from this country.

emineasca

Thank you Jimmy. So I gather he has 0 chance.