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Past presence exemption when family member

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 118

Joined: 23 November 2018

Hello,

We have a client who is in the UK through an EU family permit but is Nigerian herself. Husband is austrian national who has been here for many years and has been working.

She has not yet been here for 2 years. Does she meet the exemption test for the past presence test for PIP on the basis that she is the family member of an EU national who has a genuine + sufficient link to the UK social security system, even though she isn’t an EU national herself?

Thanks

WillH
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Locum adviser - CPAG in Scotland

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Rebecca Lough - 30 January 2020 06:04 PM

Hello,

We have a client who is in the UK through an EU family permit but is Nigerian herself. Husband is austrian national who has been here for many years and has been working.

She has not yet been here for 2 years. Does she meet the exemption test for the past presence test for PIP on the basis that she is the family member of an EU national who has a genuine + sufficient link to the UK social security system, even though she isn’t an EU national herself?

Thanks

I think so.

Is she habitually resident in GB (arguably, yes, here with settled intention to live with husband etc)
Is she covered by the co-ord rules - yes, she is the family member of someone who is an EEA national & has been subject to the legislation of one or more member states
Does she have a genuine & sufficient link to the UK - yes, dependent on a family member who has worked in the UK.

So seems strongly arguable past presence test doesn’t apply under reg 22 PIP Regs?