Disability Living Allowance - Financial Requirement Exemption
Aug 2nd 2016, 9:00 pm
#1
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Joined: Aug 2016
Posts: 6
Disability Living Allowance - Financial Requirement Exemption
Hi!
I am living in the US with my American spouse and my 10 year old son from a previous marriage. I am looking into returning to the UK with my husband and I have seen that if I am in receipt of Disability Living Allowance I can be exempt from the £18,600 financial requirement. My question is what about if I am in receipt of it for my son? He is on the autism scale and before I moved to the US I was informed that I would be able to get DLA for him. Would that count or would the DLA have to be for me?
Many thanks!
I am living in the US with my American spouse and my 10 year old son from a previous marriage. I am looking into returning to the UK with my husband and I have seen that if I am in receipt of Disability Living Allowance I can be exempt from the £18,600 financial requirement. My question is what about if I am in receipt of it for my son? He is on the autism scale and before I moved to the US I was informed that I would be able to get DLA for him. Would that count or would the DLA have to be for me?
Many thanks!
Aug 2nd 2016, 10:11 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Disability Living Allowance - Financial Requirement Exemption
If your son is in receipt of DLA then you would only have to meet the 'adequate maintenance' requirement to order to sponsor your husband for his spouse visa.
See Paragraph 3.6 of Appendix FM 1.7.
See Paragraph 3.6 of Appendix FM 1.7.
Aug 2nd 2016, 10:48 pm
#3
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: Disability Living Allowance - Financial Requirement Exemption
You would, of course, need to return to the UK and have you son assessed and then be in receipt of DLA payments before applying for the visa for your husband.
This could take some months.
This could take some months.
Aug 2nd 2016, 10:56 pm
#4
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,138
Re: Disability Living Allowance - Financial Requirement Exemption
If your son is in receipt of DLA then you would only have to meet the 'adequate maintenance' requirement to order to sponsor your husband for his spouse visa.
See Paragraph 3.6 of Appendix FM 1.7.
See Paragraph 3.6 of Appendix FM 1.7.
Aug 2nd 2016, 10:57 pm
#5
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,138
Re: Disability Living Allowance - Financial Requirement Exemption
Aug 2nd 2016, 11:04 pm
#6
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Aug 2nd 2016, 11:25 pm
#8
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Disability Living Allowance - Financial Requirement Exemption
12. Where a person is in receipt of Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received.
(b) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.
(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received.
(b) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.
Aug 3rd 2016, 8:45 am
#9
Forum Regular
Joined: Jan 2015
Location: Dundee
Posts: 72
Re: Disability Living Allowance - Financial Requirement Exemption
To apply for DLA / PIP you have to have been present in the UK for 104 weeks out of the past 156 weeks. so two year after you arrive back in the UK before you can apply.
https://www.gov.uk/disability-living...en/eligibility
https://www.gov.uk/disability-living...en/eligibility
Aug 4th 2016, 6:12 am
#10
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Joined: Aug 2016
Posts: 6
Re: Disability Living Allowance - Financial Requirement Exemption
Thank you very much everybody. That's a great help 😊
