Attendance allowance refusal

Jimjim78

poppy12345 said:

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.

This area of benefits falls under the somewhat complex "Co-ordination Rules" – EC Regulation 883/04 and 987/2009.

The Child Poverty Action Group website provides a good overview here European nationals and sickness benefits | CPAG from which the example below is taken - see under "Which Is The Competent State"

Gustav moves from the Czech Republic to live with his daughter who is working in the UK, as his health is deteriorating. He gets a pension from the Czech state but is not entitled to a UK state pension. When he claims AA, the UK is found not to be the competent state even though he is now resident in the UK and part of his daughter’s household. This is because his pension from the Czech Republic makes it the competent state for cash sickness benefit and even if he could derive any rights from his working daughter, his own rights would take precedence in these circumstances.

However this may not be the reason for the disallowance of the OP's father's claim, which is why I suggested requesting a verbal explanation & or a written statement of reasons to help the OP understand the reasons for the decision.

Jimjim78

emineasca said:

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

My latest post may be useful to you. He may well be able to claim the equivalent of Attendance Allowance from the state that pays his pension. 

emineasca

Yes poppy, that’s my exact thought on this. So he’s eligible for pension credit but suddenly, for attendance allowance he’s not anymore ?! Crazy how this works ….

OhWow

emineasca said:

Yes poppy, that’s my exact thought on this. So he’s eligible for pension credit but suddenly, for attendance allowance he’s not anymore ?! Crazy how this works ….

I believe this is all part of the EU Directive (2004?) of Free Movement of people and EEA citizens not being an "undue burden" to the host member state. The EU set the rules on what being an "undue burden" is.

Under that Directive, a retired EEA or Swiss citizen moving to another member state to retire, would have to buy a CSI (Comprehensivce Sickness Insurance) to not be an "undue burden" to that member state, in order to be lawfully in that host member state. Only EEA/CH citizens in work could use the healthcare system of that country as a citizen could and have benefits from that host member state (along with all the family members they brought with them, even if those people were non-EEA citizens)

e.g. Brits who retrired to Spain have their healthcare paid for by the UK under the S1 system. (Spain claims their healthcare costs back from the UK under the S1 system).

The UK then changed that in about 2015 to, must be in receipt of a UK state pension for a UK S1 and all the other retired Brits then had to buy private health insurance to pay their medical bills in Spain; unless they were working in Spain (being an EU Worker Qualified Person under Free Movement, which then meant Spain had to pay fo their healthcare costs).

 

With Brexit: Brits who retired to another member state before 1 January 2021, can also visit the UK for bill free medical treatment, while other Brits have to pay to use the NHS if they do not live in the UK, with 50% added to their bill.

Alice_Holt

emineasca said:

Yes poppy, that’s my exact thought on this. So he’s eligible for pension credit but suddenly, for attendance allowance he’s not anymore ?! Crazy how this works ….

       If he has settled status ( is this confirmed in the HO letter of Sept 2021 ? ), and if he satisfies the other condition for AA (residency, having the health condition / disability for 6 months, has been in Great Britain for at least 2 of the last 3 years) then I can't see why he shouldn't be eligible for AA.

     Note that ILTR and settled status are very different when it comes to claiming benefits. Your conflating of the two has lead to confusion and posts that might not be relevant to his situation. 
     To confirm is he receiving Pension Credit from the DWP (you mentioned at one point that he is in receipt of a pension from another country). You need to be exact in defining his current situation, as his situation is complex re benefits (which is perhaps why the DWP AA decision may be wrong).

   I will repeat my earlier advice -    I'd take the AA decision letter to your local advice charity / law centre (along with full details / proof of his immigration / settled / pre-settled status plus a chronology of his residence in the UK), and see if they can give you some guidance. 

poppy12345

Alice_Holt said:

emineasca said:

Yes poppy, that’s my exact thought on this. So he’s eligible for pension credit but suddenly, for attendance allowance he’s not anymore ?! Crazy how this works ….

       If he has settled status ( is this confirmed in the HO letter of Sept 2021 ? ), and if he satisfies the other condition for AA (residency, having the health condition / disability for 6 months, has been in Great Britain for at least 2 of the last 3 years) then I can't see why he shouldn't be eligible for AA.

Thanks Alice, that's my thoughts too but didn't want to argue incase i was wrong.

sheramber

Living in the UK by 31 December 2020

You and your family members living in the UK by 31 December 2020 will be able to claim or continue receiving UK benefits for as long as you continue to be lawfully resident in the UK and meet the eligibility requirements.

You will need to apply to the EU Settlement Scheme as soon as possible to remain in the UK and be eligible to claim benefits.

https://www.gov.uk/guidance/benefits-and-pensions-for-eea-and-swiss-citizens-in-the-uk

emineasca

His entitlement 

Alice_Holt

emineasca said:

His entitlement 

      Excellent.
  
        Then do a Mandatory Reconsideration request of the DWP AA decision.

   Enclose a copy of that letter, confirm he has been living in the UK for 3 years, that he has had his health conditions for longer than 6 months, and that he needs help caring for himself or supervision.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF