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“Past presence test” for DLA benefit unlawfully discriminates against refugees

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)

Colin Yeo
A barrister specialising in UK immigration law at Garden Court Chambers in London, I have been practising in immigration law for 15 years. I am passionate about immigration law and founded and edit the Free Movement immigration law blog.

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