House of Lords written question – answered on 25th February 2014.

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Photo of Baroness Hamwee Baroness Hamwee Liberal Democrat

To ask Her Majesty’s Government, in the light of the statement on the UK Border Agency website regarding the financial requirement applying to a person wishing to come to, or stay in, the United Kingdom as the partner of a British citizen or settled person that “you will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer’s allowance in the United Kingdom. You will need to show that your sponsor can maintain and accommodate you without access to public funds”, why Incapacity Benefit or Employment Support Allowance do not qualify for exemption; and what benefits do qualify.

Photo of Lord Taylor of Holbeach Lord Taylor of Holbeach The Parliamentary Under-Secretary of State for the Home Department

The benefits which exempt an applicant from the new financial requirement for sponsoring a spouse or partner and dependent children of non-European Economic Area nationality to settle in the UK under the family Immigration Rules include: Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Carer's Allowance, Personal Independence Payment, Armed Forces Independence Payment, Guaranteed Income Payment under the Armed Forces Compensation Scheme, Constant Attendance Allowance, Mobility Supplement and War Disablement Pension under the War Pensions Scheme.

Incapacity Benefit and Employment Support Allowance are not included in the list of specified benefits because they are not paid solely as a result of an individual's disability or responsibility for a person in receipt of a disability-related benefit.

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