Hi,

I have a client who is an EEA national and has worked and lived in the UK since 1999. I have found some information that states “Until 2 October 2000, an EEA national who had the right to live in the UK was deemed to have settled status”. Does this mean that the client would have the right to reside for benefit purposes without applying for the right to reside?

Nikki

If your client ahs in effect lived and worked in the UK continuously (except maybe for short holidays) for 10 years without ever needing to claim means-tested benefits I think you could persuade ANY decision maker (well....ok) they had asquired the right of permanent residence. Anyway, retired workers are in a category of their own.

Hi Adriane2,

Thanks for getting back to me. I have copied my first message, which explains the clients situation further.

Can anyone tell me…If a person has a permanent Right of Residence (regulation 15) do they automatically acquire it? Or do they have to apply for it for the purpose of claiming benefits.

I have a client who is 57. He has lived in the UK with his wife (aged 60) since 1999. He was a student and has worked for a number of years (over one year). However, he recently lost his job because his fixed term contract came to an end. He is currently receiving JSA (couple). His Wife (aged 60) wondered if she could make a claim for PC. I advised her she could as a family member of a person who has resided lawfully for over 5 years. (Well at first I thought as a family member of a work seeker, however I have since been told by the PS that under Pension Credit Regulations a jobseeker is not a qualified person!!) although i can't find this regulation anywhere!!

The Pensions Service refused the claim. I’m thinking of appealing under the Right of Residence (regulation 15) – but after reading copious amounts of regulations and going round and round in circles, I feel I might be on the wrong track?

As you can see it's not actually my client we are trying to obtain PC for but his wife, who has never worked. Therefore i'm challenging under the rights of a family member??

Do you still think i'm on the right track?

Thank you

Try Regulation 2(3) of the State Pension Credit regualtions. The wording is identical in all the MTBs. Have you had writen reasons for the decision?

Hasn't she effectively been self sufficient for more than 5 years???

Her own permanent right would seem more likely and it arises autmoatically; no application.

Hummm,

Even if she hasn't ever worked?? So if she has been self sufficient via her husband who has worked for over one year (more), she automatically has a permanent right of residence?

Ever so confused!!

The point is, isn't it, that a person who has worked for more than a year remains a worker potentially indefinitely as long as he is in duly-registered unemployment and has a realistic prospect of finding work. It would be helpful though if he had worked for a lot more than that, even if only intermittently!
This is nothing to do with self sufficiency but the definition of a worker. When did he actually work and has he had the status of worker at least 5 years? bear in mind that before April 2006 a work seeker (ie someone who had never worked) was not a qualified person.