IRRV Alert June 5 2008

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Income-related benefits – Changes to DWP arrangements for determining whether a claimant is “a person from abroad” or “a person not in Great Britain” – evidence of nationality

 

 

 

This statement sets out revised arrangements concerning the evidence that a DWP decision maker will require when making a decision concerning whether a claimant is a “person from abroad” – for the purposes of Income Support and income-based Jobseeker’s Allowance – or a “person not in Great Britain” – for the purposes of State Pension Credit.  (See reg. 21AA of the Income Support (General) Regulations 1987, reg. 85A of the Jobseeker’s Allowance Regulations 1996 and reg. 2 of the State Pension Credit Regulations 2002.)

Where a person claims benefit two years or less after his or her arrival in the UK, a decision maker will require that claimant to produce evidence of his or her nationality – in the form of a valid passport or national identity card – in order to decide whether that claimant is a person from abroad or a person not in Great Britain.

Where a claimant claims benefit more than two years after his or her arrival in the UK, a British citizen will not routinely be asked to produce a passport. Every non-British citizen must produce a valid passport or national identity card to enable the decision maker to decide whether that claimant is a person from abroad or a person not in Great Britain.

This policy does not affect other activity the Department performs in order to reduce fraud and error in relation to claims for those benefits.

Claimants may still be required to produce evidence apart from their passport or identity card to show that they are habitually resident and have a right to reside in the United Kingdom.

These arrangements have been approved by the Secretary of State for Work and Pensions.

These changes began to take effect from April 2008.


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