benefits and A2 nationals

I have a disabled client from romania who has been brought to the UK by his sister who has been here for 6 years. Her husband is also Romainian and is self employed.
my client is not going to be able to work. I have explained to his sister that as she has sponsored him she must support him but can he claim DLA ( he has been here over 26 weeks)
Also if he is eligible for DLA can his sister claim Carers Allowance for him if DLA awarded.
Also is he eligible for NHS treatment and help through Social services.
Will be grateful for any input.

If he is habitually resident in Great Britain, he can claim DLA. He must be ordinarily resident in Great Britain, be present in Great Britain and have been rpesent in Great Britain for a total of 26 weeks in the last twelve months. (I do not know the rules in Northern Ireland.) However, what amounts to ordin, therefore I think that he needs to get face to face advice from a welfare adviser.

Before he claims any other benefits, such as income support, he may need to satisfy further requirements, known as the right to reside.

We cannot advise on the entitlement to NHS treatment and help through social services.

As an A2 national my client has a right to reside and is not subject to immigration control. However there are strict rules for A2 (accension state nationals) regarding benefits. As he is here through sponsorship he cannot claim any benefits but just wondering if tis affects his sisters right to claim carers allowance as he is entitled to DLA.

I don't know the answer off the top of my head. Looking at the CPAG book, I can't see why he can't claim DLA and therefore his sister claim CA, but I must stress that I'm not knowledgable in this area.

Hopefully, one of my fellow mods will know the answer and will be along soon to tell you.

Hi,

I'm afraid that we cannot give advice on individual claims, especially where advice is sought which is not within our remit as moderators.

You need to seek definitive advice from an organisation such as the CAB or contact Community Legal Advice

See: FAQ

Good luck.

Jim

What has he come to the UK for if he is unable to work or contribute in some way?