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Competent state

Scarcab
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Scarborough Citizens Advice Bureau

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Total Posts: 26

Joined: 18 June 2010

Hello there and apologies if this subject has already been discussed. EU national in receipt of an EU state pension but below state pension age in the UK. Last worked in the UK six months ago(and has worked for most of her residence in the UK), then she applied for her EU state pension. Settled status in the UK. Recently diagnosed with cancer and successfully applied for new style ESA.  We are now looking into a claim for PIP. I think that I read somewhere that being in receipt of an EU state pension is not determinative factor for which state is the competent one but I cannot find this judgement (unless I only dreamed about it). Please help and is the ESA decision correct? Many thanks in advance.

Mr Jim
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Asylum & Roma Team, Social Work Services, Glasgow City Council

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Is this the one you are looking for: CDLA/2590/2013 [2019] UKUT 86 (AAC) about a UK citzen who is Habitually Resident in Cyprus and receives a state retirement pension from UK? Judge ruled that Cyprus is the competent state for DLA care component.

Re ESA see p. 652 of CPAG Welfare Benefits and Tax Credits Handbook 2019/2020.

Hope this helps.

Jim

Scarcab
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Scarborough Citizens Advice Bureau

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Total Posts: 26

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Thank you for this Mr Jim. That is the judgement I was looking for.  With regards to the ESA and her pension from Poland.. I can’t see which category her state pension (old age pension) falls into for the ESA purposes. She’s not declared it on the application form and looking at it the questions are very closed and for obvious reasons there does not appear to be a question about this particular income.

Mr Jim
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Asylum & Roma Team, Social Work Services, Glasgow City Council

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Total Posts: 42

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Scarab, it will be ignored if it is a state pension from Poland. If it is a occupational pension and it is more than £85 per week then C-ESA is reduced by £1.00 for every £2.00 above the £85. She should declare this pension.

Jim