Disability Living Allowance

Work and Pensions written question – answered on 12th February 2014.

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Photo of Roger Godsiff Roger Godsiff Labour, Birmingham, Hall Green

To ask the Secretary of State for Work and Pensions if he will waive the 104 weeks' residency requirement for disability living allowance claimants who (a) have refugee status, (b) made their claim before this requirement was brought in and (c) are under 18 years old.

Photo of Mike Penning Mike Penning The Minister of State, Department for Work and Pensions

Most claimants to disability benefits are required to meet the 104 weeks past presence test. There are exceptions for people such as those serving as members of the armed forces and their families, or if European law applies. Ministers have no discretion to waive conditions of entitlement like the past presence test, which are laid down in legislation. People who claimed a disability benefit before 8 April 2013 when the 104 weeks past presence test was introduced would have been expected to meet a 26 weeks past presence test.

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