Good afternoon,

Have been contacted by a client who is struggling financially. She's 70 years old. She has spent a lot of her life in South Africa, returning to this country approx 3 years ago.

She receives a state retirement pension and is also in receipt of Housing Benefit.

She claims she has been advised by the Pension Service that she can't claim Pension Credit as she has come from abroad.

This doesn't seem to ring true to me, surely if she has satisfied the habitual residency test for HB purposes, the same test would apply to PC? Or am I missing something, it is Friday afternoon after all!

Any advice would be gratefully received

Cheers

John

Honestly, I just don’t know where to start with this one! Well, actually, I do. First, she can claim what she wants. The PS can’t stop her making the claim. Second, she obviously has a right to reside and is habitually resident so would qualify for PC, all other conditions of entitlement being met of course. Third, it matters not where she comes to the country from once the HRT is satisfied. She could come from Alpha Centauri for all that that is relevant. Finally, (all together now), you are not entitled to PC if you are a person from abroad not because you have come from abroad.

How much bloody training do these people get? Thank God it’s Friday, alcohol here I come.

Paul,

Thank you for confirming this. I thought I was right but glad you have confirmed this for me, I can go into the weekend with my sanity intact!

Have a good weekend, enjoy your beer!

Cheers

John

I presume she does have British nationality?

Hi,

Yes, just to confirm, she is a British national.

I can't think of any reason why a British Citizen - who has an unfetterable right to reside in the UK - who has lived here for 3 years can fail possibly fail to be habitually resident. Has she applied and been refused and if so what was the reason given and if it is as blatantly daft as all this suggests has she appealed?

Hi,

To confirm what happened. She contacted the Pension Service who told her she couldn't claim as she had come from abroad. From what I understand they didn't ask any more questions to establish the facts

She contacted me as she was very upset about her financial situation and couldn't manage with the money she had and I advised her she could claim Pension Credit.

Claim has been submitted but hasn't yet been assessed. I'm not forseeing any problems but watch this space!

John