- BY Colin Yeo
“Past presence test” for DLA benefit unlawfully discriminates against refugees
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In this case the Upper Tribunal Administrative Appeals Chamber finds that the “past presence test” for Disability Living Allowance unlawfully discriminates against refugees and their families. The offending provision is “disapplied” by the tribunal. The same test is applied for Attendance Allowance, Personal Independence Payment and Carer’s Allowance, I understand.
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Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.
