Pension Credit EU citizen

[Alien2017]

Hi, I wonder if my mother in law that is EU citizen herself and got pre-settled status can claim pension credits on her own right let's say, because me and my husband got british citizenship approved and we will have the ceremony on the 4th of March, so I don't think she can claim as parent of EEA citizen any longer, but she has been living here with us for the last 3 years, I was thinking if she can claim on her own right to be here.
Thank you.

[JB007]

Hi, I wonder if my mother in law that is EU citizen herself and got pre-settled status can claim pension credits on her own right let's say, because me and my husband got british citizenship approved and we will have the ceremony on the 4th of March, so I don't think she can claim as parent of EEA citizen any longer, but she has been living here with us for the last 3 years, I was thinking if she can claim on her own right to be here.
Thank you.

You might need to ask this on the EEA board. If she is in the UK under EU rules as a dependant, does her then being dependant on UK low income benefits instead, mean she is no longer a dependant on her EEA citizen under EU rules?

[Alien2017]

Thank you, we have called them to claim and let's see what happens. They have requested some documents, nothing out of ordinary as ID and proof of living here for all of us, proof of working from us, this kind of stuff.

[CR001]

eea-route-applications/pension-credit-r ... 56459.html

[Alien2017]

I see...thank you very much, looks that we have wasted 1 hour on the phone . I thought as much although technically we are not British Citizens yet, I was hoping that having pre-settled status now for herself,they might asses her on her own, at least we tried.

[JB007]

Pension Credit is widely expected to end. Brought in not so long ago because the State Pension was low and many didn't have private pensions. But now the State Pension has been raised to just above the level Pension Credit cap is paid at and PC won't be needed. And changes have been made so that companies pay pensions and the government contributes to those too.

[JB007]

There have already been lots of changes to the Pension Credit benefit and the State Pension, with the government giving notice on these changes years before, to prepare those who had hoped to claim these.

The latest of these changes they gave notice on and that is coming in, is that a younger spouse can no longer live on benefits when their older spouse reaches pension age, stops work and wants low income benefits to keep them both. Under these changes, the younger spouse will have to work and keep their older spouse that decides to stop work. No Pension Credit benefit until both are of state pension age, if Pension Credit is still there.

The same with other income based benefits, the younger spouse works to keep both of them. They might be able to claim Universal Credit, which has work requiements and are reduced by any pensions.

[Alien2017]

Thank you very much, sounds so complicated... We've sent what they have asked for, there is no problem if she does not qualify, just tried.

[JB007]

Thank you very much, sounds so complicated... We've sent what they have asked for, there is no problem if she does not qualify, just tried.

Not really complicated. It's all part of stopping UK benefits from being "a magnet to the UK", which they said they would do back in 2013. The UK's benefits are now less generous than some other EEA countries.

The state pension is now only for those that have contributed to the UK and by raising the new state pension to just a couple of pounds above the Pension Credit benefit cap, they can end Pension Credit in the next year or too. Which means that those who arrive/return in old age with little to no pensions from the country they have been working in, will not have this low income benefit money anymore from the UK.

[JB007]

There will be more benefit cuts too in future, including for exisitng claimants, as we are already seeing. The UK has been forced to bring in an annual welfare bill cap. Only the State Pension is ringfenced from any future benefit cuts as that is now contribution based. JSA is also ringfenced from cuts, but that now has a time limit and stricter requirements for claimants.

[Alien2017]

Thank you, I have no idea how this works as we have never had any, even for this one for my mom was somebody's suggestion and there is no problem if they won't give her, she lives with us anyway.

[JB007]

Thank you, I have no idea how this works as we have never had any, even for this one for my mom was somebody's suggestion and there is no problem if they won't give her, she lives with us anyway.

She might get it because of the welfare rules at the moment, but be prepared for any changes (reductions/who can claim) in the future. These Welfare Reforms have been a decade in the making, ever since the UK's welfare bill became more than the government took in income tax.

[spat]

If dependent of EU citizens claiming pension credit............should of be a problem when applying for settled status ?

I am under assumption that dependents of EU citizens have same rights as nationals of the host member state? Is that correct

[JB007]

If dependent of EU citizens claiming pension credit............should of be a problem when applying for settled status ?

I am under assumption that dependents of EU citizens have same rights as nationals of the host member state? Is that correct

You might need to ask this on the EEA board. If she is in the UK under EU rules as a dependant, does her then being dependant on UK low income benefits instead, mean she is no longer a dependant on her EEA citizen under EU rules?

I'm not sure what the Home Office view is on this.

From a benefits point of view, the DWP have been given the authority to deal with any benefits that should not have been taken by the claimant and that includes benefits that might have been dealt with by HMRC before e.g. the low income benefits; Tax Credit, Pension Credit.