Dla reform and Personal Independence Payment – completing the detailed design

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8. Changes to Residence and Presence conditions in Disability Living Allowance, Attendance Allowance and Carer’s Allowance

8.1 This chapter sets out the Government’s proposals that similar provisions in Personal Independence Payment relating to residence and presence are introduced for Disability Living Allowance (DLA), Attendance Allowance (AA) and Carer’s Allowance (CA). The residence and presence test will remain important features of these benefits. See paragraphs 3.20 to 3.25 for the discussion of these changes.

To summarise – the changes are:

  • Introduce a habitual residence test instead of an ordinarily resident test

  • Increase the past presence test (currently 26 weeks out of the previous 52 weeks) to two years out of the previous three years, applied on a one-off basis

  • DLA will continue to be available for children and adjustments will be considered for very young children who would not be able to meet an extended past presence test due to their age

  • Allow serving members of Her Majesty’s Forces and members of their families to satisfy the habitual residence test whilst stationed abroad – (DLA and CA only – not applicable to AA)

  • Decrease the temporary absence period abroad from 26 weeks to four weeks (DLA only)

  • Decrease the temporary absence period abroad from 26 weeks to four weeks or such other period as is considered reasonable for Personal Independence Payment/DLA pensioners (AA only)

  • Limit the temporary absence period abroad for medical treatment to 26 weeks (DLA and AA only)

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