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DLA Past Presence Test, Genuine sufficient link


LB85
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Hi I would be grateful for a little bit of help, or confirmation that I'm on the right tracks for putting my case forward to DLA for mandatory reconsideration please.

It involves the past presence test, genuine sufficient link test etc.

Basically I really could do with someone showing me where to find the relevant decision makers guidance and confirming whether what I'm going to write is correct.

I have found some DMG but I don't know if its up to date, so Ill need to ensure I link the correct DMG paragraphs etc to support my claim.

 

Basically we do not meet the past presence test as only returned to uk in nov after living in Australia for 18 months....but I believe we meet the other three criteria involving eu regs, hab residence, self employment etc, genuine sufficient link to uk....meaning, I think, that this means past presence need not apply to us.

We are British born, lived in uk al our life barr 18 months, have worked in uk most of our adult life, live here now, wife self employed , both have nics paid, kids go to school here/college etc.

 

http://www.legislation.gov.uk/uksi/1991/2890/regulation/2A

 

I need help how to link and word this please.

Thank you

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Claims by Incomers

16 The first step is to establish whether the claimant is within the personal scope of the EU co-ordination regulations1 and whether the UK is the competent state for

paying DLA (Care), AA or CA.

1 1 Reg (EEC) 1408/71 & Reg (EC) 883/04

17 If the UK is the competent state and the past presence test is satisfied as at the first day of entitlement then it is not necessary to consider whether the claimant has a genuine and sufficient link.

18 Where the past presence test is not satisfied, the DM will need to establish whether, as at the first day of potential entitlement, the claimant has established a genuine and sufficient link to the UK. The factors set out in paragraph 14 above should be considered. This may result in the DM deciding that there is no entitlement until the past presence test is satisfied.

 

CERTAIN EMPLOYED AND SELF-EMPLOYED PERSONS

21 The following persons who are EEA or Swiss nationals are treated as satisfying the past presence test (DMG 070994), and DMs do not have to consider whether the have a genuine and sufficient link with the UK

Persons who are currently employed or self-employed, who pay UK national insurance contributions (and their family members). This includes posted workers (see DMG 070976) and frontier workers (see DMG 070977) and

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If anyone can help me Id be really grateful, I only have 4 weeks from 30th Jan to do a mandatory recon.

I have some of the DMG volumes and relevant indication numbers, if someone can help me clarify if I'm correct it would help me massively in wording this mr.

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Its more so a person wo knows how to interpret Decision makers guidance which I need....they've declined based upn not meeting past presence test, nothing to do with his disability, more on a legal point really.

I have the guidance which I think I can use to defend it, but I'm just wanting a legally minded bod to give me the nod to say I'm interpreting it correctly really. (or not)

Thanks

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