Past presence test and aggregation rules

Last updated: May 23, 2017

 Kavanagh v Secretary of State and Pensions CDLA/373/2016

This appeal concerns the application of the ‘past presence’ test that requires disability benefit claimants to be resident in Great Britain for 104 weeks out of the 156 weeks prior to the claim. However, for claimants to whom an EU regulation applies, the past presence test is disapplied if they can establish a genuine and sufficient link to the UK social security system. Alternatively, they can seek to satisfy the 2 year rule by aggregating qualifying periods spent in another EU country under Article 6 of EU Regulation 883/2004. EU Regulation 883/2004 coordinates social security systems in the EU and Article 6 provides that certain periods of time spent in one member state can be aggregated when considering presence tests in another.

Right to reside for the self-employed

Last updated: June 22, 2017

 MH v Secretary of State for Work and Pensions C3/2015/2886

Refusal to accept late mandatory reconsideration requests

Last updated: September 25, 2017

Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal.

Child poverty campaigners welcome MSP’s recommendations on Scottish Child Poverty Bill targets

May 22, 2017

Stronger local duties and concrete actions to boost family incomes still needed

Campaigners today welcomed the Scottish Parliament’s Social Security Committee's Stage One report on the Child Poverty (Scotland) Bill. As introduced the Bill sets out four-income based targets for the eradication of child poverty in Scotland by 2030. It also requires the Scottish Government to publish delivery plans setting out how the targets will be achieved.


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