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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Belgian national entitlement to PC.

Jeremy Cross
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CAB Maidstone

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Total Posts: 60

Joined: 18 August 2010

I have a cl. who is aged 78 and has come to UK from Belgium on 01/06/10 to live with british daughter and son-in-law.
Cl left Belgium to end an abusive marriage and does not want to return there because of this.
Cl has never lived or worked in UK and neither did her former husband.
Daughter is aged 57 and son-in-law is aged 61, and they receive PC themselves.
Cl claimed PC from 01/06/10 but this has been refused on the basis cl does not have a right to reside
My understanding is that for cl to have the right to reside for benefit purposes in this situation, then either the daughter or son-in-law would have to be economically active, that is be employed even in part-time work (8 + hours per week) or be claiming JSA, and that because they are not cl will not be entitled to PC.
Although, would fleeing an abusive relationship in Belgium have an effect on Pension Service’s decision cl not entitled to PC.
Any other thoughts on this would be much appreciated and thank you.

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Joined: 16 June 2010

Problem is not just that daughter/ son in law need to be(or have been economicaly active) but they also need to be EU nationals exercising treaty rights - this obviously does not work for GB nationals unless they themselves have exercised their right of freedom of movement to another EU state in the past.

Has your client any other close relatives in the UK who are EU nationals? Can you client import entitlement to retirement pension from Belgium, or claim it here on basis of NI paid in Belgium?

Also consider attendance allowance if appropriate as this is not affected by R2R.

Jeremy Cross
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CAB Maidstone

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Total Posts: 60

Joined: 18 August 2010

Thank you PCLC and you learn something new everyday.
So, even if daughter and son-in-law were in work or had been working in u.k, this would not be relevant because they themselves are British Citizens and not EEA nationals ?
Hmmmmmm ...
The daughter has stated that they have lived in Belgium also and yes, I had thought about possibility of exporting any benefits cl may be eligible for in Belgium to these shores if it were possible.
Thank you again for your thoughts and i may pick your brain again on this one if that’s o.k ?
Have a good evening.