> No, not just a repeat of my earlier note. I have read the archived
> messages from February and March 1996. Because the case mentioned then was
> of a student on a one year Erasmus course I thought the response might not
> be completely relevant in the case of my prospective student. The question
> therefore remains: Has anyone had experience of an EC student attempting to
> receive benefits in the UK?...
>
>
Dear Celia, the student should check if Spanish Benefit rules allow him
to be paid his existing benefits while in UK.
If not s/he would be eventually be entitled to DLA only if s/he is accepted as
'ordinarilly resident' in UK. I do not have experience of such a claim. But
Ord Residence was defined by Lord Scarman in House of Lords ruling of
Dec 1982. If you have the UKCOSA manual there is a good outline of all
this in the Fees and awards section. Its worth noting that the ruling
states " There must be a degree of settled purpose. This is not to say
that the propositus intends to stay where he is indeffinately; indeed,
his purpose, while settled, may be for a limited period. Education,
business or profession, employment , health , family, or merely love of
the place spring to mind as common reasons for a choice of regular abode".
For Housing Benefit and Income Support s/he would need to be accepted as
'habitually resident' in UK to qualify and this will be even more
difficult. (This is a harsher test than ordinary residence). I have been
involved in quite a few of these claims and would be sure that DSS
would not accept s/he was ordinarilly resident in Uk. After a period of
time here it may be worth a try but s/he will be asked about intention to
stay here and need to show UK has become their home now. For more info
see CPAG welfare benefits handboook (97/98 ed) page 69.
All the best ... Jim
Jim Thompson The Advice Place
[log in to unmask] 38 Buccleuch Street
Tel +44 (0)131 650 2272 Edinburgh EH8 9LP
Fax +44 (0)131 668 4177 Scotland
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