Non EEA spouse of Turkish national benefits

[Dantean]

I understand that a disabled Turkish national under immigration control can claim DLA or PIP due to reciprocal agreements with Turkey (even if the visa says no recourse to public funds). I have also read that family members of EEA nationals and nationals of countries with exceptions (such as Turkey) can also claim those benefits.

Can the disabled non-EEA non-Turkish national spouse of a Turkish national with ILR claim DLA or PIP even if their dependant/spouse visa says 'no recourse to public funds'?

[CR001]

If you are not Turkish then no, you cannot. Your nationality is separate to your Turkish spouse.

[Dantean]

Thanks CR001

One of the resources I found which led me to this question is this page, excerpted below:

http://www.focusondisability.org.uk/com ... he-uk.html

Who can get disability benefits and child benefit?
Even if you are defined as a person subject to immigration control you are not excluded from AA, DLA, carer's allowance, child benefit, health in pregnancy grant, CESA(Y), IB(Y) and SDA if:

• you are the family member of an EEA (including the UK) national; or
• either you, or a member of your family who you are living with, are a national of Algeria, Morocco, San Marino, Tunisia or Turkey and are lawfully working ( or have lawfully worked) in GB; or

Both are lawfully working in the UK.

I have seen similar language in other places, but sometimes it only says "family member of an EEA national". The language seems to indicate that nationality of the person under immigration control isn't relevant, only that a member of the family is EEA or one of the exception nationalities.

[Dantean]

Very similar language is on the nidirect.gov.uk site, and a 2011 archive of direct.gov.uk, but I have not yet found similar language or clarification on the current gov.uk site.

Archive from 2011
http://webarchive.nationalarchives.gov. ... G_10012424

NI Direct
http://www.nidirect.gov.uk/disability-l ... cumstances

Immigration control does not stop you from getting Disability Living Allowance if you are either:

• a family member of a national of a European Economic Area country
• working in Northern Ireland as a national of a country which has an equal-treatment agreement with the European Union - that is Turkey, Morocco, Algeria, Tunisia and San Marino
• living with one of these workers as a member of their family

[Dantean]

If it was true that in 2011, according to direct.gov.uk, family members of nationals of Turkey could claim certain benefits, and it is not true now, does anyone know what law or regulation changed this?

Or am I misreading it and it was never the case?

[Dantean]

I finally found what looks like some current documentation of this issue.

Advice for decision making: staff guide

Advice for DWP decision makers on Universal Credit, PIP and contribution-based JSA and ESA for people who are eligible for Universal Credit.

On that page, there is a link to:

Chapter C2: International issues, Personal Independence Payment

Which includes (emphasis added):

Exemptions
C2008 For PIP, the exemption from the exclusion of PSIC applies to
…omitted…
2. a person who is lawfully working in GB and is a national of a State with which the EU has made an Agreement under a specific Treaty providing, in the field of social security, for equal treatment of workers and any member of their family living with them;
…omitted…
Note: The countries mentioned in 2. above are Turkey,Morocco, Algeria, Tunisia,
Slovenia and Switzerland.

[Dantean]

The non EEA, non Turkish spouse of a Turkish national can claim PIP even if their visa says "no recourse to public funds" because of a social security treaty with Turkey. However, the circumstance seems to be rare enough that very few people in DWP or CAB will recognise it, if they even pay attention. However, if one keeps asking and appealing, the claim will eventually be accepted.

Exemptions
C2008 For PIP, the exemption from the exclusion of PSIC applies to
…omitted…
2. a person who is lawfully working in GB and is a national of a State with which the EU has made an Agreement under a specific Treaty providing, in the field of social security, for equal treatment of workers and any member of their family living with them;
…omitted…
Note: The countries mentioned in 2. above are Turkey,Morocco, Algeria, Tunisia,
Slovenia and Switzerland.