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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

EEA person claiming PIP, can they claim ESA?

Sue123
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EEA Family Support, Children's Centre Calderdale

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Joined: 16 February 2015

Hi,
can I please ask if EEA person who is over 60 years old, and is claiming PIP can claim ESA?
She is not claiming anything else, and she’s never worked in the UK, so I am not sure if she is entitled to ESA
she has a grandson who is in her care and is attending college. She’s been in the UK for 3 years.
However not currently getting ChB, but I will be phoning them to find out why, she does get CTC for the grandson.

thank you

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

can anyone please help? thank you

Simon
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Charlotte Keel Welfare Rights, Bristol CAB

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Hi Sue, if it looks like your client has no other R2R (through 5 years of legal residency for example) it could be the case that she has a derivative R2R as the primary carer as a worker’s child in education IF the child was in the UK while the parent was a worker in the UK.

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

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Hi, my client is a grandmother of this child who is in the education, she never worked in the UK, so I guess she is not entitled to ESA then. Would she be entitled to JSA instead? (probably stupid question - not sure if you can claim PIP and JSA)

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Sue, what is the situation re the grandson’s parents? (see Simon’s post above. Your client may have a derivative right to reside depending on whether one or other of the parents was a ‘worker’ at any point).

Short term, there’s nothing to prevent your client claiming JSA regardless of her PIP award. She should be able to place reasonable limitations on the sort of work she can seek depending on the nature of her disabilities.

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

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The grandson’s parents are not in the UK, the client (grandma) has legal responsibilities for the grandson I believe.
I would say it seems the the client should go on JSA but she has severe disabilities and I don’t think she would be able to work anymore, that’s why I was thinking of ESA, but if she is not entitled to ESA and it looks like she’s not, then I will be suggesting her to see if she could do any work and claim JSA.

thank you

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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It isn’t crucial that the parents aren’t in the UK now. The issue is have they ever been in the UK and also been a worker here. If so, depending on the specific facts, the child might be a child of a worker who has a right to complete their education in the UK. And if that is the case then their primary carer (in this case the grndmother) also has a right of residence in order to facilitate/make real the child’s right.

So please provide more detail of the parents’ history and of the circumstances in which both the grandchild and your client came to be in the UK…

Sue123
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EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

sorry if I was being unclear, the parents of this grandson have never been in the UK and never worked in the UK.
The only person who’s been looking after the grandson is the grandmother and her partner, they both don’t work, they are both over 60 years old and ill. Grandmother tried to get some benefits in the past and was not successful and the only benefit she only just managed to get is PIP. I wasn’t sure if she could claim ESA if she gets PIP.