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clarification post June 2021 EEA family members

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 276

Joined: 18 June 2010

Just seeking clarification on the situation post June, on the right to claim benefits for family members of an EEA national who now has settled status

Am I right in thinking that if person A has settled status, and person B (who is a family member) has pre-settled status, then person B may still be eligible for means tested benefits if person A already had acquired a permanent right to reside, or was/is a worker or any other category of qualified person?

My thoughts are that a family member cannot have rights based on the settled status per se (as could have got this by living in UK but not here as a qualified person) but that time that person A spent as a qualified person pre Dec 2020, or even currently can still assist person B - is that correct?

family members is an area that seems to be messy. If person B is relying on A’s status, how long does this last? is this until person B is eligible for settled status in their own right? (providing person A has permanent right to reside, or is still a worker during that period?) or have I totally misunderstood the situation?

Elliot Kent
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Shelter

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If you just pretend that there is no such thing as settled or pre-settled status and look at it all as you would have done before Brexit and you will be fine.

i.e. if your client is pre-settled and is mirroring status from a family member, the family member needs to have some sort of EU status which can be mirrored. You can’t mirror settled status.

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 276

Joined: 18 June 2010

Thanks Elliot, that is what I thought but wanted to be sure. As always thank you for your help.