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EEA retained worker
EEA national couple claiming ib-ESA. He has retained worker status. Unlikely, but not impossible, that he return to labour market. Can they claim PC instead? Will he be considered as losing his retained worker status (because getting a “pension” benefit could be taken as meaning retiring from the labour market)?
They have an adult dependant son who has never worked in UK. He is now asking for a mandatory recon on his ib-ESA claim. Am I correct in understanding that he should be able to get it as a dependant relative of a retained worker? If his parents switch to PC will he continue to be eligible on that basis?
All help appreciated!
Thanks for looking everyone. Anyone got any feedback? - even if it’s to just part of my problem - I’m seeing him tomorrow afternoon!
How long has he lived in the UK? If it’s more than two years, it will be more advantageous to big up the unlikelihood of him returning to the job market and argue that his incapacity is permanent. The UT has just decided that any residence, even periods not positively exercising a right to reside, count towards those two years as long as the person had worker status at the point when s/he became permanently unfit for work (this was the less publicised issue in the case that decided the final two years of the A8 registration scheme were unlawful)
Verrry interesting. Thanks, HB.
I think my guy might fit.
Can you give me chapter and verse for the UT decision?
TG v SSWP (PC) [2015] UKUT 50 (AAC)