OzzieNurse

My in laws are having trouble with a few things. I wonder if any one can assist? Any agents out there etc?
They left the UK for oz in Feb 2006. They are on a temporary retirement visa, apparently they were informed via an agent that this was the best option. They have to renew in 4 years. They may not be allowed to stay.
They had planned on staying for the rest of their natural lives.
Another thing is my father in law claimed disability living allowance in the UK and this was stopped when he left the UK. He believes that he is still entitled to this as he is only on a temporary visa and still a UK citizen who has continued to contribute to the UK via taxes.

He is not entitled to any assistance in Australia and has to be totally self sufficient. Does anyone else feel this is wrong? He has paid into the UK all his working and non working life and because he hasnt contributed in Australia he cannot claim there. But why cant he get some help from the UK? Especially as they may be returning in 4 years time anyway? and they are classed as only on a temporary visa??
He does need the DLA to be honest unlike many who claim it here.

He is coming over in August to try and speak to someone here about it all to try and see if he can still receive it.

Any thoughts?

OzzieNurse

Is Mr Lombard or Mr Collette around to advise?

Alan Collett

The risk of not being granted a renewal of a Retirement visa is very low these days ... I have not heard of any being refused - is that what the OP is asking?

See also: http://groups.yahoo.com/group/BERIA/

Best regards.

GinaUK

Your father is not entitled to DLA if he is living in Australia. You have to be physically present in the UK (unless away for a brief holiday) to receive DLA.

The fact that your father has only a temporary visa makes no difference. Similarly, whether he paid/pays UK taxes or not is irrelevant.

He is not living in the UK = no DLA.

Gina

http://www.direct.gov.uk/en/Disabled...rt/DG_10012424
To get Disability Living Allowance you must be in Great Britain, or be treated as living here, and meet certain other conditions about your residence and presence.

You must:

be normally resident in Great Britain (England, Scotland, Wales), and
not be subject to immigration control, and
be in Great Britain when you make your claim, and
have been in Great Britain, Northern Ireland, the Isle of Man, Jersey or Guernsey for at least 26 weeks out of the last 52 weeks (the period is 13 weeks for babies under 6 months old and does not apply at all for people paid under special rules).
Time spent living in another European Economic Area country may in some cases be treated as a period in Great Britain for the purposes of the 26-week rule.

You may be treated as living in Great Britain if you are:

a member of HM Armed Forces serving abroad or member of their family
a mariner or airman working abroad
working on the United Kingdom sector of the continental shelf (for example, on an oil rig)