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EEA national

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 318

Joined: 18 June 2010

HI

im looking for some help with a case recently acquired. I dont have all the facts at present so im ‘fishing’

Lady is aged 84 and Latvian national. She came to UK about 4 years ago (checking this date) she hasnt worked in the UK. She came to live with her son following a period of sickness. She tells us that she used to get a pension from Latvia (assuming state pension but checking) she did work in Latvia. (just discovered she worked p/t for 5 years between 1974-84 - wasnt Latvia part of USSR? not even sure if they paid nics? she says not)  This we think has ended. She receives AA.

Her son is from Latvia and is now a British National - very sparse working history in Uk but is currently working earning around £100 and claiming CA.  We are thinking we cant rely on the family member route as he is now British and since this time has not left the UK to exercise his treaty rights in another country.

I am looking at the competent state/aggregation rules. I think UK is probably the competent state as this is where she resides and she doesnt meet any of the categories where Latvia would remain her competent state (guessing this is why pension ended)

We think she applied for PC some years back which was refused - no right to reside but im wondering if she applied for SRP could she get this by aggregating her time/nics working in Latvia?

Any advice gratefully received

thankyou

[ Edited: 12 Oct 2015 at 06:21 pm by dizzymare ]