Forum Home → Discussion → Residence issues → Thread
EU pension, pension credit and AA entitlement
My client has been refused special rules AA because she receives a pension from an EU country. She has pre settled status (but her daughter has been in the UK a long time ) and is getting pension credit. I’m hoping that the claim for pension credit moves the relevant country. Does anyone know if that is the case.
Unfortunately not. Pension Credit is a “special non-contributory benefit”, not a pension - it is always paid by an institution in the member state of residence, but this does not affect the competent institution for benefits linked to pensions such as AA.
We’ve suggested to an adviser whose client was refused AA on similar grounds to see whether there might be any mileage in arguing that [2023] EWCA Civ 433 provides a basis to vary the competent state rules in cases like these.
Thanks Paul.
I’ve got the MR paperwork and going to put in an appeal based on that decision.
Has anyone got a submission I can use as a basis?
Afraid not Aida, we just sent a summary of the case to our adviser.
A recent case in the Court of Appeal was successful in arguing that a child should receive DLA from the UK despite a decision that her ‘competent state’ was Belgium where her father lived and worked. An argument was made that the decision discriminated against the mother of the child as an EEA worker who was treated differently to a British worker.
However, the Judges awarded benefit because they considered that the child’s entitlement to DLA was covered by the intentions in article 11(3)(e) of EU Regulation 883/04 for the economically inactive to be supported in the state of residence. In paragraph 53 of the decision in [2023] EWCA Civ 433 , Lord Justice Lewis says:
“The interpretation that I consider is correct will respect the principle that an insured person is subject to the legislation of a single State. It is simply that the competent state will be the state of residence of economically inactive insured persons in the circumstances of this case. I recognise that “as a general rule” the legislation applicable to a person is the legislation of the Member State where he or she is economically active as is recognised by recital 17 to the Regulation. That is, however, a general rule. It is not necessarily applicable in cases where the insured person is economically inactive.”
It may be possible to use this case to argue that your client is still entitled to AA from the UK, especially if there is no corresponding benefit in ******. The complexity of the issue and the fact that the appellant in this case differed from your client as she was a child means there is no guarantee of success but your client may wish to make the argument.
Thanks again Paul. That’s helpful.
I have tried to explain to the family that there is only an off chance of winning but they are hoping mad that they have been denied their disability rights. I have also explained that I’m going to ask for the appeal to be expedited in the circumstances but its unlikely to be sorted before the patient’s death, which is another source of anger.
Thanks again Paul. That’s helpful.
I have tried to explain to the family that there is only an off chance of winning but they are hoping mad that they have been denied their disability rights. I have also explained that I’m going to ask for the appeal to be expedited in the circumstances but its unlikely to be sorted before the patient’s death, which is another source of anger.Hi Ash - I’ve just come across the same situation with my client today. Did you go ahead with the appeal and if so how did you set out your submission?
Thanks
Helen