Just returned to work after 6 months sick leave and need some help with the following, time limit to seek leave to appeal to SS Comms ends 7 September 2007. Client is a Greek national, widow, aged 85, had lived with daughter and son-in-law in Greece for many years and was supported by daughter and son-in-law,. Client wasn't getting on with son-in-law and because of this was invited by her granddaughter and her husband to come to UK to help to look after grandchildren, client came to UK 14/01/06. with £400 capital, didn't receive any state benefits in Greece.

Granddaughter and husband are also Greek nationals and have lived in UK since 2000. Husband has had a series of jobs and spells of unemployment. At the date of the decision husband was receiving JSA, but found employment shortly after. During the period of unemployment ( 31/8/06) client claimed PC asking for it to be backdated to 14/1/06. At no time while client lived in Greece did granddaughter and husband give her any financial support. Decsion appealed on grounds that client is a dependant relative of granddaughter and husband. Appeal at Tribunal failed, received full statement and have until 6 Septemeber to seek leave to appeal to SS Comms. Both DM and Chair support Jia (2007) EUECJ 1/05 saying that client was not dependant on granddaughter and husband prior to coming to UK and has no R2R for PC. Any ideas on this will be helpful.

Sorry for the long post.

I've only scanned through Jia but that case seems to have been considering the application of 73/148/EEC which was repealed by directive 58/2004. Article 2 of this deals with descendants and antecedants and there is no issue of dependance in this article. Article 3 deals with other people, including extended family, and this seems to be the only place where the issue of dependance arises.(and it refers to dependance in the country of origin).

So I think because 73/148/EEC was repealed Jia can't apply and the issue of being dependant in the country of origin does not apply to family in the ascending/descending line any more. Not very sure about this stuff though so I stand ready to be corrected.

Thanks for your response, I can't find directive 58/2004. article 2 and 3, tried searching but no luck.

EC Directive 2004/58 is available here (via the eur-lex.europa.eu website).

Try this

http://europa.eu/eur-lex/pri/en/oj/dat/2004/l_229/l_22920040629en00350048.pdf

Sorry - it seems to have got a bit garbled round here. What you want is 2004/38. Article 2 defines "family member" as (a) the spouse (b) the civil partner (c) direct descendants who are under 21 or dependant and (d) dependant direct relatives in ascending line, in each case of the Union citizen or his spouse or partner. Dependency is in the new directive. The question remains: is current dependency enough or does previous dependency have to be shown (in the Member State of origin)?

Which can be accessed at the link I have highlighted. Scroll down to page 4 and you will see article 2 there, defining family member as spouse, civil partner direct descendant etc.

Thank you all for replying, very helpful.