Q.  My brother aged 50 has lived in Northern Ireland all his life but now wants to sell his house and move south, closer to me. He is deaf from birth and receives Incapacity Benefit and the care component of Disability Living Allowance. Will his benefits be affected if he comes to live in this jurisdiction?

18.07.11

There are no legal barriers to prevent your brother from living here. As long as he still satisfies the medical conditions attached to the payment, he can continue to receive Incapacity Benefit. He can also continue to claim for the care component of Disability Living Allowance thanks to a European Court of Justice ruling. He should notify the office dealing with his claim of his intention to move and confirm that his medical circumstances have not changed.

If he decides to leave his UK benefits behind, it may be possible for him to claim Disability Allowance here, although there are a number of qualifying conditions, including the Habitual Residence condition, which he may have difficulty in satisfying. It is important to note that Disability Allowance is a means-tested payment. This means that your brother’s total means must be below a certain amount to qualify.
When his means are assessed, any income from other payments will be taken into account. However, the proceeds from his house sale (up to €190,460.71) may not be taken into account if certain conditions are met with regard to his future housing.

When your brother applies for Disability Allowance he will have to submit a doctor’s report to the Department of Social Protection to back up his claim.

Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741

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