pensioner pre settled status, family member has settled status

hello –
Customer is Sudanese national. Came to UK Sept 2020 on EU settlement scheme Family permit (name of person she’s joining) – that visa was valid until March 2021, when she applied in her own right – she was awarded Pre settlement status in June 2021
The person she is a family member of had pre settled status when her EU family permit was issued and he was granted settled status in May 2022

She was awarded UC which ended in Jan 2024 when she became a pensioner.
She receives PIP and that is her only income now

I am not sure if she is eligible for HB based on the family member having settled status – we dont know what he is doing anymore but he wouldn’t need to be exercising treaty rights to claim. (as he has settled status/ILR

I dont think she eligible for HB as her family member visa ended in March 2021 and she now has her own pre settled status and shes never worked/exercised any treaty rights.

Can she rely on her family member having settled status to be eligible for HB even though that visa is no longer valid?

Thanks for any advise

Hi Prisca,

My view is that if she’s here as a Sudanese national, she’s still here as an Eu family member of whatever relative it is. She needs to be claiming benefits as a dependent family member. She cannot inherit their settled status but can inherit their retained worker/permanent residence/‘old style’ right to reside depending on their history. But it is totally dependent on the economic activity of that family member and her dependence on them. CPAG are interested in cases where they think AT (destitution) should apply to 3rd country nationals so that could be another angle.