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ILR and Benefits query

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rk_niu1981
Junior Member
Posts: 67
Joined: Fri May 19, 2017 9:17 am

ILR and Benefits query

Post by rk_niu1981 » Mon Sep 25, 2017 11:32 am

Dear friends

Need your help please.

I got my ILR in March 2016, which is valid until 2024. My citizenship application is inprogress with home office now.

As I got my ILR, I applied for claiming child benefit and also disability living allowance, my daughter has diabetes.

* The child benefit claim application has been approved by HMRC
* The disability living application has been rejected citing that my daughter is not a british citizen.

My daughter is currently on Tier 1 general dependent visa and she qualifies for ILR only in 2019.

Please could you let me know if I am eligible to claim either of the above benefits. I want to get confirmation from board members as I do not want this to affect my daughter's ILR and citizenship applications in future.

Thanks for your time in advance.

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CR001
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Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR and Benefits query

Post by CR001 » Mon Sep 25, 2017 11:40 am

Child benefit yes as you hold ILR.

Never heard of someone claiming disability living allowance for diabetes though. How do you believe she qualifies??

https://www.gov.uk/disability-living-al ... ligibility
Disability Living Allowance (DLA) for children may help with the extra costs of looking after a child who:

is under 16
has difficulties walking or needs more looking after than a child of the same age who doesn’t have a disability
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rk_niu1981
Junior Member
Posts: 67
Joined: Fri May 19, 2017 9:17 am

Re: ILR and Benefits query

Post by rk_niu1981 » Mon Sep 25, 2017 11:47 am

Hi CR001
Thanks for prompt response.
My daughter has Type 1 diabetes, which requires extra looking after as we need to administer injection 6 to 7 times a day, and also check blood sugars every few hours.
The NHS Doctors only advised us to apply for DLA and a letter has been issued by them when I submitted the application. HMRC or GOV rejected our application only based on my daughter's current visa status.

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CR001
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Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR and Benefits query

Post by CR001 » Mon Sep 25, 2017 11:57 am

Still never heard of it.
Usually, to qualify for Disability Living Allowance (DLA) for children the child must:

be under 16
need extra looking after or have walking difficulties
be in Great Britain, another European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, such as family members of the Armed Forces
have lived in Great Britain for 2 of the last 3 years, if over 3 years old
be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
not be subject to immigration control
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CMOSUK
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Location: Glasgow, UK
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Re: ILR and Benefits query

Post by CMOSUK » Tue Sep 26, 2017 7:37 am

CR001 wrote:
Mon Sep 25, 2017 11:40 am
Child benefit yes as you hold ILR.

Never heard of someone claiming disability living allowance for diabetes though. How do you believe she qualifies??

https://www.gov.uk/disability-living-al ... ligibility
Disability Living Allowance (DLA) for children may help with the extra costs of looking after a child who:

is under 16
has difficulties walking or needs more looking after than a child of the same age who doesn’t have a disability
I thought they scrapped DLA and integrated it as personal independence payment?

Ahh nevermind its for adults they scrapped it.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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