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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

EU dependants of now deceased son

Prisca
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benefits section (training & accuracy) Bristol city council

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Total Posts: 211

Joined: 20 August 2015

son and wife on HB since 2014 - both italian and aquired perm rigt to reside well before Brexit.

son’s parents came to live with them in march 202o ion EU dependants /settlement visa.  Not clear if they have applied for/ got nino’s

son dies in September this year (aged 50) , His parents still living at same address with widow and grandkids

would the parents be eligible to make a claim for pension credit?

Widow now on UC, so 2 x non dep charges for them and they have no income - im wondering if they might be able to get PCGC ??

thanks for any info/advice

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Joined: 17 June 2010

First question you say they have no income, do they have any Italian Pensions?

I would say that they could get pension credit as they arrived before the transition period ended so EU law would continue to apply

Article 2 of Directive 2004/38 EC defines “family member” as

(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);

Article 12(1) provides

1. Without prejudice to the second subparagraph, the Union citizen’s death or departure from the host Member State shall not affect the right of residence of his/her family members who are nationals of a Member State.

Prisca
forum member

benefits section (training & accuracy) Bristol city council

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Total Posts: 211

Joined: 20 August 2015

the elderly parents who came to UK in 2020 aren’t italian - they are Bangladeshi , The son and his wife are Bangladeshi by birth, but got Italian citizenship

Elderly parents have no income

Thanks

Stainsby
forum member

Welfare rights adviser - Plumstead Community Law Centre

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Total Posts: 624

Joined: 17 June 2010

Article 12(2) should help

2. Without prejudice to the second subparagraph, the Union citizen’s death shall not entail loss of the right of residence of his/her family members who are not nationals of a Member State and who have been residing in the host Member State as family members for at least one year before the Union citizen’s death.