Government won't appeal against tribunal ruling that past presence test unlawfully discriminated against refugees
Refugee Action reported last week that disabled refugees are now able to claim disability benefits as soon as they are granted refugee status in the UK.
Image credit: WikipediaDisabled refugees, including children, had previously faced a two-year wait as the past presence test (PPT) of the Social Security (Disability Living Allowance) Regulations 1991 required people to have lived in the UK for two of the last three years in order to be eligible for disability benefits.
As we reported on EIN in April, the Upper Tribunal (Administrative Appeals Chamber) ruled that the test unlawfully discriminated against refugees and their family members.
According to Refugee Action, the Government has now decided not to appeal against that ruling.
Stephen Hale, chief executive of Refugee Action, was quoted as saying: "We're pleased the Government has seen sense on this. At long last disabled refugees will be able to access disability benefits when they are granted sanctuary.
"For too long, disabled refugees, who in many cases have been prioritised for resettlement because of their disabilities, have been denied this crucial support.
"We've heard from torture survivors left unable to begin rebuilding their lives without these payments and families, who have fled unimaginable horrors, struggling alone to care for children with complex needs.
"It's positive the Government has listened and that disabled refugees and their families will be able to receive this much-needed support."
Disability Rights UK reported last month that the Department for Work and Pensions (DWP) published DMG Memo 20/16 and ADM Memo 21/16 stating that March's tribunal decision would not be appealed and confirming it as law.
The Guardian reported on the effects of the PPT in April, focussing on a three-year-old Syrian girl with severe epilepsy and cerebral palsy who was barred from receiving DLA.