Have 62 yr old client who has been residing in Phillipines for several years and has returned to UK as his PC stopped and he is paying back overpayment.

He has apparently been advised by Pension Service he has to meet the HRT for 13 weeks before claiming PC again. On checking various resources my understanding is he has to meet the 26 weeks HRT before he can claim again.

It is his intention once he has "resided in uk " for HRT to move back to Phillipines again.

My question is: is it 13 or 26 weeks for HRT and can he continue to claim PC when he moves to Phillipines under reciprocal agreement.

Any views would be appreciated.

Thu 14-May-09 03:28 PM by CraigM

You must satisfy the HRT for PC, there is not set amount of time you have to be in UK to meet HRT. However, it is generally seen that an appreciable period is anything from 1 month to 3 month, but again this is not concentrate.

For HRT you have to show:
1. Are voluntarily in UK
2. Are resident in UK
3. Have a settled intention to remain in UK
4. Have been in UK for an appreciable period of time.
The DM will look at all 4 factors and decide what the intention is, you are saying he want to go back, therefore prima facie is there a settled intention to remain?

Regarding moving away, PC is not an exportable benefit per se, if your client is temporarily abroad but is unlikely to be abroad for more than 52 weeks then they may continue to receive PC for I think it is 12 weeks now (used to be 4) but check this. But will there be intention to come back within 52 weeks?
Regards