cab01
Welfare Rights Adviser, Havering CAB, Hornchurch, Essex, RM11 1AX
Member since 09th Apr 2009
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RE: R2R - Pension Credit refused
Mon 10-Aug-09 11:53 AM |
Hi Adriane2,
Thanks for getting back to me. I have copied my first message, which explains the clients situation further.
Can anyone tell me…If a person has a permanent Right of Residence (regulation 15) do they automatically acquire it? Or do they have to apply for it for the purpose of claiming benefits.
I have a client who is 57. He has lived in the UK with his wife (aged 60) since 1999. He was a student and has worked for a number of years (over one year). However, he recently lost his job because his fixed term contract came to an end. He is currently receiving JSA (couple). His Wife (aged 60) wondered if she could make a claim for PC. I advised her she could as a family member of a person who has resided lawfully for over 5 years. (Well at first I thought as a family member of a work seeker, however I have since been told by the PS that under Pension Credit Regulations a jobseeker is not a qualified person!!) although i can't find this regulation anywhere!!
The Pensions Service refused the claim. I’m thinking of appealing under the Right of Residence (regulation 15) – but after reading copious amounts of regulations and going round and round in circles, I feel I might be on the wrong track?
As you can see it's not actually my client we are trying to obtain PC for but his wife, who has never worked. Therefore i'm challenging under the rights of a family member??
Do you still think i'm on the right track?
Thank you
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