Hi Everyone

This is my first attempt at this, so bear with me.

I need some help/suggestions with a case I have in relation to Pension Credit.

I met with a lady who came to the UK in February 2006, from Poland. She worked full time from 24/07/06 - 27/07/07. She had to give up work because of a medical problem. She is aged 62 and made a claim to Pension Credit in September '07. She would like to return to work, but cannot presently.

Her claim has not been adjudicated on yet because of a delay between the EU Enlargement Team (Newcastle) and the Pension Service awaiting new information.

However, I had a discussion with someone from the EU Team, who has advised that her claim will be refused on the basis that she was not resident in the UK for 3 years prior to her reaching pensionable age.

Where can she go from here in relation to any challenge that may be available, or, to any other benefit she may have entitlement to?

Any suggestions greatly appreciated.

Cheers

Frances.

Default EU rules apply since she has done her 12 months, assuming the work was registered.

They're thinking of EC Directive 2004/38, Article 17 which does indeed say that people reaching pensionable age have the right of permanent residence provided they have worked for the previous 12 months and resided in the Member State for three years. She won't satisfy this but this is simply an additional right to permament residence - it shouldn't override the general right of residence for workers, including people temporarily unable to work under Article 7(3). May need to appeal though.

She can get DLA if her medical problem is causing a qualifying disability.

Richard Atkinson

If she is a worker who is temporarily incapacitated then she retains her worker status. The problem is someone who becomes permanently incapcitated or retires, ie withdraws from the labour market. Do you have any idea whether her illness is of a sort that is likely to improve to the point where she could work again? medical evidence might be useful.