Updates, commentary, training and advice on immigration and asylum law
“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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Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.