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Uk national returning from Spain
HI i have a gentleman whose daughter has applied for supported housing with us and is on the waiting list. Her dad suffered a stroke when he was in the UK but as there was no one to look after him (he was living with his other family) she brought him to Spain and has been with her the past 18 months. He now wishes to come back to the UK hence applying for housing. My question is will he be entitled to AA when he returns straight away or would he have to wait 26 weeks to be present in the UK or his time in a EEA country will count, qualifying him straightway?
Also as a uk national he has RTR but would he be subject to the HRT for Pension Credits?
Any help would be appreciated.
Aisha
As AA, is a “sickness benefit” under EU co-ordination rules, potentially periods of residence in another EEA member state towards the 26 week past presence test, necessary to meet the residence condition for AA. Perhaps someone who understands the co-ordination rules better than I could post to verify this.
Re HRT and Pension Credit: If he comes under the EU co-ordination rules, he cannot be denied PC solely on the basis that he has not been in UK for an “appreciable period”. Otherwise as a returning resident, a lot will depend on the circumstances he left the UK, the circumstances of his return and settled intention to reside and the strength of the links he retained with the UK whilst away, as to whether he can be found habitually resident from day one.
Have a look at this.