× Members

benefits and A2 nationals

  • jean davenport
  • Topic Author
13 years 4 months ago #34036 by jean davenport
benefits and A2 nationals was created by jean davenport
I have a disabled client from romania who has been brought to the UK by his sister who has been here for 6 years. Her husband is also Romainian and is self employed.
my client is not going to be able to work. I have explained to his sister that as she has sponsored him she must support him but can he claim DLA ( he has been here over 26 weeks)
Also if he is eligible for DLA can his sister claim Carers Allowance for him if DLA awarded.
Also is he eligible for NHS treatment and help through Social services.
Will be grateful for any input.

Please Log in or Create an account to join the conversation.

  • Survivor
13 years 4 months ago #34064 by Survivor
Replied by Survivor on topic Re: benefits and A2 nationals
If he is habitually resident in Great Britain, he can claim DLA. He must be ordinarily resident in Great Britain, be present in Great Britain and have been rpesent in Great Britain for a total of 26 weeks in the last twelve months. (I do not know the rules in Northern Ireland.) However, what amounts to ordin, therefore I think that he needs to get face to face advice from a welfare adviser.

Before he claims any other benefits, such as income support, he may need to satisfy further requirements, known as the right to reside.

We cannot advise on the entitlement to NHS treatment and help through social services.

Please Log in or Create an account to join the conversation.

  • jean davenport
  • Topic Author
13 years 4 months ago #34070 by jean davenport
Replied by jean davenport on topic Re: benefits and A2 nationals
As an A2 national my client has a right to reside and is not subject to immigration control. However there are strict rules for A2 (accension state nationals) regarding benefits. As he is here through sponsorship he cannot claim any benefits but just wondering if tis affects his sisters right to claim carers allowance as he is entitled to DLA.

Please Log in or Create an account to join the conversation.

  • Survivor
13 years 4 months ago #34078 by Survivor
Replied by Survivor on topic Re: benefits and A2 nationals
I don't know the answer off the top of my head. Looking at the CPAG book, I can't see why he can't claim DLA and therefore his sister claim CA, but I must stress that I'm not knowledgable in this area.

Hopefully, one of my fellow mods will know the answer and will be along soon to tell you.

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
13 years 4 months ago #34084 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re: benefits and A2 nationals
Hi,

I'm afraid that we cannot give advice on individual claims, especially where advice is sought which is not within our remit as moderators.

You need to seek definitive advice from an organisation such as the CAB or contact Community Legal Advice

See: FAQ

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • John
13 years 4 months ago #34086 by John
Replied by John on topic Re: benefits and A2 nationals
What has he come to the UK for if he is unable to work or contribute in some way?

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.