Pension Credit refused

[geea02]

Hi,

I have a dual nationality - Romanian (by birth) and UK (naturalised in October 2017) - I work and live in the UK with my partner and 2 children. My mother joined us in December 2014. She is a pensioner from Romania, and in 2018 she has reached state pension age and we decided to claim pension credits. Her claim was refused because she wasn't unable to derive her right to reside from me as I am a British Citizen. If I had only Romanian nationality she would have qualified, is that correct? Is that anything I can do to argue DWP decision?

Thank you in advance,

Oana

[BIG Dobby]

Hi,

I have a dual nationality - Romanian (by birth) and UK (naturalised in October 2017) - I work and live in the UK with my partner and 2 children. My mother joined us in December 2014. She is a pensioner from Romania, and in 2018 she has reached state pension age and we decided to claim pension credits. Her claim was refused because she wasn't unable to derive her right to reside from me as I am a British Citizen. If I had only Romanian nationality she would have qualified, is that correct? Is that anything I can do to argue DWP decision?

Thank you in advance,

Oana

Following recent court judgement on Lounes vs SSHD, I would say the decision was wrong and needed to be challenged