EEA residence claiming benefits for disabled mother help pl

[laimoskele]

hello , i have 66 years old mother who is disabled , having cancer and she is blind ,she has hearing problem and has some mental health problem as well , i been in UK my self for 7 years and i am UK residence, i worked full time and paid my taxes, but now doctors find out my mother has cancer and need asap operation to take part of her lung out , after her operation i need to look after her and can not work full time any longer , i applied for attendance allowance for her so i could be her carer but she doesn't have national insurance number and they say she was not in UK for 3 years ! i really don't know what to do, where to go and how to get help, please please give me some advice on this matter, i don't really know what to do any more , thank you , i hope i hear from you soon

[rosebead]

Sorry to hear about your issue. You don't say what nationalities you and your mother are - presumably you are an EEA citizen because you are posting in an EEA forum? If you are an EEA citizen and you have worked for 7 years in the UK, then you are a Permanent Resident. This means you no longer have to work to have a right to claim benefits. You can apply for PR confirmation through this form. EEA permanent residents in your position would still be entitled in theory to claim benefits without PR confirmation, but it's easier to prove eligibilty with a PR certificate.

[laimoskele]

thanks for reply , we are Lithuanian , i am permanent residence and have residence card but my mother don't have it and moved here last year , she couldn't look after her self any more and i am only one she has !

[rosebead]

Your mother is the family member of an EEA permanent resident. This means she is entitled to NHS care and benefits, and so are you, without the necessity for you to work. The trouble is that the NHS likes to see proof of legal residence, which in your mother's case would take the form of a Residence Card of the family member of an EEA citizen, formerly known as an EEA2 and now known as an EEA(FM). At the moment this RC is taking 4 months on average to process if you wish to apply for it. You will get something called a Certificate of Application within a few short weeks which your mother could possibly use to prove her eligibility to NHS care and benefits, although I am not 100% sure on that. I know that a COA proves eligibility to work to employers anyway. Perhaps it's worth ringing the Primary Care Trust and explaining the situation.

[CR001]

@rosebead, if OPs mother is Lithuanian, therefore an EU citizen, is the residence card as family member still relevant?

[rosebead]

Well, OP's mother as an EEA citizen in her own right is not working, nor presumably self-sufficient with CSI, so she technically does not have a right to reside in her own right. She would not be eligible for benefits if she is not working or in the past has worked.

That said, if she applies for a N.I number, she could possibly get away with using that to get NHS treatment if that's what the NHS requires.

[CR001]

Ahhh, thanks for clarifying.

[laimoskele]

thank you so so much for your advice

[Obie]

She may qualify for Registration Certificate if she can show dependency on her daughter.

[rosebead]

Ah yes, the correct term is "Registration Certificate of the family member of an EEA national". It is however still the same form EEA(FM).

[Obie]

Ah yes, the correct term is "Registration Certificate of the family member of an EEA national". It is however still the same form EEA(FM).

I am not sure that is correct.

From the 06/04, New Forms have been issued which is EEA(QP)

[rosebead]

Form EEA(QP) is specifically for qualified EEA citizens i.e workers, students, etc. It specifically says that in the form. The form also says this:

You cannot include your family members on this form. If you have a partner, family members or
other relatives, and they wish to apply for a registration certificate or residence card as evidence
of their right of residence, they must each complete their own application form and pay the
specified fee. The relevant forms are:

• EEA(FM) – for your ‘direct’ family members (spouse/civil partner, children or grandchildren
aged under 21 or dependent on you, dependent parents and grandparents)

[Obie]

Form EEA(QP) is specifically for qualified EEA citizens i.e workers, students, etc. It specifically says that in the form. The form also says this:

You cannot include your family members on this form. If you have a partner, family members or
other relatives, and they wish to apply for a registration certificate or residence card as evidence
of their right of residence, they must each complete their own application form and pay the
specified fee. The relevant forms are:

• EEA(FM) – for your ‘direct’ family members (spouse/civil partner, children or grandchildren
aged under 21 or dependent on you, dependent parents and grandparents)

I concur.

It appear that the have removed Qualified person from the EEA(FM) form but left the family member of a Qualify person there.

Thamks Rose.