Thangam Debbonaire – 2016 Parliamentary Question to the Department for Work and Pensions

The below Parliamentary question was asked by Thangam Debbonaire on 2016-03-07.

To ask the Secretary of State for Work and Pensions, what assessment he has made of the effect of the residence test for disability living allowance and personal independence payment on people who have been granted refugee status or humanitarian protection.

Justin Tomlinson

People arriving in Great Britain – whether for the first time or if they are returning former GB residents – must meet the test of being habitually resident in order to receive Disability Living Allowance or Personal Independence Payment. They must also have been present in Great Britain for 104 weeks out of the previous 156 weeks. These benefits are non–contributory, non means–tested and paid out of general taxation and, in the absence of a means test or National Insurance contributions condition, DWP uses the past presence test to demonstrate a sufficient connection to the UK social security system. There are no special arrangements for people granted refugee status or humanitarian protection, however those people who are granted refugee status are likely to be considered habitually resident for the purposes of making a claim and they would also then meet the past presence test once they have been resident in the UK for the requisite period of time. In addition, these claimants may be entitled to other, means tested benefits.