Pension Credit for dependent family member

[marius22]

Hi there,

Perhaps you can help me clarify this matter..

I will just ask this as a general question.


According to the Pension Credit regulations from what I can tell the dependent family members of an EEA National who retains self-employed status is automatically exempt from the Habitual Residence Test.

Is it the same case for the Right to Reside test? Would the dependent parents of an EEA who retains worker status be automatically exempt from the Right to Reside test?

Another question would be in what exactly does dependency consist ?


Is it arguable that dependency can arise from day one of someone moving from the UK if let's say the parents of a EEA worker move in with him with the intention to settle and being mainly reliant on their son to live with him etc? Correct me if I'm wrong but until some time ago there was confusion as if the dependency was meant to arise not only in the Host State but also in the country of prior residence and now a Court of Appeal ruling clarified that dependency can be established in the Host State without requirement of prior dependency?


Looking forward to your thoughts on this one and thanks for your help.

[Amber]

Hi there,

Perhaps you can help me clarify this matter..

I will just ask this as a general question.


According to the Pension Credit regulations from what I can tell the dependent family members of an EEA National who retains self-employed status is automatically exempt from the Habitual Residence Test.

Is it the same case for the Right to Reside test? Would the dependent parents of an EEA who retains worker status be automatically exempt from the Right to Reside test?

Another question would be in what exactly does dependency consist ?


Is it arguable that dependency can arise from day one of someone moving from the UK if let's say the parents of a EEA worker move in with him with the intention to settle and being mainly reliant on their son to live with him etc? Correct me if I'm wrong but until some time ago there was confusion as if the dependency was meant to arise not only in the Host State but also in the country of prior residence and now a Court of Appeal ruling clarified that dependency can be established in the Host State without requirement of prior dependency?


Looking forward to your thoughts on this one and thanks for your help.

To claim means tested benefits you must have the right to reside. It's different from the habitual residence test. The 2nd part of your question should perhaps be posted in the eea forum.