My czech client is on high rate mob and middle rate care and is being looked after by her sons partner. The son is an EEA worker but his partner is not. I note that reg 8(3) refers to care from an EEA national, his spouse or civil partner. Is my client not covered since she is only being cared for by an unmarried partner of a worker? I note that the Directive seems to be even more narrow: refering to the union citizen with primary right of residence only.

I gather you are trying to say that you client is an extended family member of an EEA citizen due to being cared for?

Why are you not arguing that the mother is a family member (not extended)? The dependant relatives in the ascending are now restricted to direct dependants’ only i.e. only parents of the EEA national as in this case.

Am I missing something, if so explain and I will try again.

Regards

I was planning to argue along that line but was looking at all other possible ways of having r2r for back up. On the family member route the issue would be over the dependence part. She has no financial dependence on the son so it would be a case of arguing that the care is another kind of material dependence. Her son does not care for her, just the partner, so I think it will be a case of arguing that the care provided by the sons partner can be considered to be being provided on his behalf.

Yes I would argue that she is a dependant family member due to disability, EC Directive 2004/38 does not state financially dependant, I wonder if there has been a reference for a preliminary ruling regarding the definition of ‘dependant’ for this purpose?

Regards