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“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.

Source: MM and SI v Secretary of State for Work and Pensions (DLA) (European Union law : other) [2016] UKUT 149 (AAC) (30 March 2016)

Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

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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.