Pension Credits - Resident in UK for 6 months?

Hi,

I have a Client who is a UK citizen and has lived in the US for 9 years. She has returned to UK as she is very ill. She has been back in the UK for 3 months.

My client had a home visit from the Pension Service (after a visit from myself) to carryout a benefit check. Client satisfies the income requirements for GSPC, but the Pension Service rep have said that as she has not been in the UK for 6 months, she is not eligible for Pension Credits.

My understanding is for Pension Credits you must be in Great Britain, satisfy HRT and RTR. There is no stipulation of the 6 month rule (unlike AA).

Can anyone clarify this for me?

Many thanks.

What exactly does the refusal letter say? There is no need to be in the UK for 6 months - like with AA - but maybe they are saying that she’s not habitually resident as she’s not been here 6 months?

The rep did not put a claim in for her as I believe the cl has been gatewayed and they did not submit claim. I spoke to the pension service rep directly and asked the question. She said that to claim PC’s you must be in the country for 6 months. I too believe she is using this as a reason to satisfy HRT.

The PS officer is talking guff.  There is no past presence test, nor even an ordinary residence test.  The claimant just has to be “in Great Britain” (section 1(2)(a) of the Pension Credit Act).  As a UK citizen she has a right to reside.  So, as you guys say, all that is left is the HRT which will be satisfied in the ordinary run of cases for people returning from outside the EEA in 1-3 months, depending on the facts of course.

I’d get the claim in ASAP and request backdating to the date she first enquired about it.

Thanks guys, I thought this was the case but wanted to check as I thought I’d had a moment. I mean, you would have thought that the Pension Service reps would know their own regs….