Carers Allowance: Do you intend to go back to that country?

senDad

Mother in law is from Ukraine and has been looking after our disabled child since late last year. She applied for Carer's Allowance and today we received a letter asking for her UK residence card. This is despite the dept of work and pensions already producing a formal letter confirming that she "has a right to reside and is habitually resident in the UK".

So she and my wife trekked off to the Job Centre to get them to certify the copies.

They also provided a reasonably short form and one of the questions worries me a little. It says "Do you intend to go back to that country"  (meaning Ukraine where she answered she came from).

She has put "no" and then for the next question "If yes, when do you intend to go back to that country" has put alongside, "not applicable - there is a war there".

Now given her UK residency only lasts for 3 years I'm wondering if this was a wise response? The honest answer is "We don't know" ! If the war goes on for years she'll likely be staying here for years. If, for example, it stops in the summer I'm sure she'll be wanting to go home. But "I don't know" isn't an option - it is Yes/No. 

Is it a trap? Does it matter so much what she puts here? Any thoughts?

Many thanks in advance

calcotti

Citizens from Ukraine have been entitled to claim benefits for the time being as a result of the war. It sounds as if the standard form she has been asked to fill out doesn’t take account of the situation for Ukrainians,

Whether or not she intends to return to Ukraine (if the situation permits) is, as far Incan see, irrelevant because the Habitual Residence Test does not apply.

https://cpag.org.uk/sites/default/files/files/resource/CPAG-scot-factsheet-benefits-for-resettled-Ukrainians-Apr-22.pdf

If she has any difficulty with her claim I would suggest getting help from a specialist at an advice agency.

senDad

Seems at every possible turn they make things as difficult as possible. First falsely claiming that I am caring for two disabled children so she can't claim for one of them. And now these questions which appear as you say relevant for those needing to pass the residency test (which, the Dept have already said she has passed as part of her UC claim)

Perhaps we will need to get advice but I'm loathe to pay for a solicitor as that would cost more (a lot more) than the benefit is worth. Unless we were to get our costs back....

Once over and she is getting Carers Allowance, I plan to create a complaint with the aim of getting the various people involved in the Dept trained. I'll have calmed down by then though so probably won't do anything....

Is this sort of thing normal? I mean do they make it as difficult as possible for most people to claim what they are entitled to? It reminds me of councils being difficult over EHCP and waiting until they are overruled at Tribunal.

calcotti

You don’t need a solicitor. If necessary contact a local advice agency.
https://advicelocal.uk/