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Top Pension Credit topic #1562

Subject: "dependant family member EU National" First topic | Last topic
Phil Wiley
                              

Welfare Rights Worker, Sure Start Highfeilds/Leicester City Council
Member since
01st Mar 2006

dependant family member EU National
Fri 03-Jul-09 02:20 PM

Hi Guy's

We have a case where portuges national came to UK 4 years ago client came to live with his son who lost his job and claimed JSA and pension credit for dad and mum.

Client refused R2R rules as son produces UK passport so cannot rely on being EEA national exersising the right of movement BUT now he shows me portuges passport.

Question is can we use this to argue dependant family member EEA national give that he's allready showed the pension service UK passport.

This case is driving me mad on a friday afternoon so any help appreciated.

Phil

  

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Replies to this topic
RE: dependant family member EU National, clairehodgson, 10th Jul 2009, #1
RE: dependant family member EU National, ariadne2, 10th Jul 2009, #2
      RE: dependant family member EU National, Phil Wiley, 13th Jul 2009, #3
           RE: dependant family member EU National, Dan_manville, 22nd Jul 2009, #4
                RE: dependant family member EU National, ariadne2, 22nd Jul 2009, #5

clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: dependant family member EU National
Fri 10-Jul-09 03:10 PM

to clarify, the SON has the UK passport? and your client the father is portuguese?

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: dependant family member EU National
Fri 10-Jul-09 04:53 PM

I think you're saying dual nationality?

  

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Phil Wiley
                              

Welfare Rights Worker, Sure Start Highfeilds/Leicester City Council
Member since
01st Mar 2006

RE: dependant family member EU National
Mon 13-Jul-09 11:05 AM

Yes dual nationality.

appeal thursday

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: dependant family member EU National
Wed 22-Jul-09 10:20 AM

The decision in McCarthy will be a depressing but necessary read!

http://www.bailii.org/ew/cases/EWCA/Civ/2008/641.html

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: dependant family member EU National
Wed 22-Jul-09 03:30 PM

Just what I was thinking....

  

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Top Pension Credit topic #1562First topic | Last topic