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Competent state and settled status

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Welfare rights team - Stockport Advice

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Total Posts: 269

Joined: 16 June 2010

I’m dealing with a claimant whose claim to AA was refused as Greece is the competent state.

On the facts of the case, I can’t see any argument, in that she gets a survivor’s pension from there and nothing from anywhere else.

She’s queried the issue of having acquired settled status in the UK before the claim was made.  The argument would be along the lines that the UK would become responsible for paying benefits in kind directly with the change to her status, and as a result would be responsible for cash benefits as well.

I’m not sure there’s anything in this - would she not still be covered by the co-ordination rules despite the change in her status?

If anyone has any ideas how this could add up to a persuasive case to take to a Tribunal, would be grateful for any input (which has obviously been listed at short notice in the near future).