Working age Polish couple, in UK 15 years, married and both have settled status.
pension age parents of Mrs come to Uk from Poland in Oct 2020 – apply to EUSS and get pre settled status until oct 2025.
The parents have now moved out from the daughters house and into a Hsg association property and want to claim HB. – Claim was refused as PSS and not exercising treaty rights and I have a recon , saying parents are family members of an EEA national with settled status and are eligible.
PSS alone wont work, but could they be eligible under the “old rules” as an extended family member?
I saw Pete Barker’s comments on a different post :
On the wider point about pre-settled status of a joining family member where the principal EEA national has settled status, anyone with settled status also has their old EEA rights preserved, including the right of family members to piggy-back on the principal EEA national’s status as a worker etc. Settled status in itself cannot be “piggy-backed” upon in this way, but many people with settled status will have an underlying EEA right to reside (most obviously a permanent right to reside) which their family members with pre-settled status can rely on. But that is only an issue if the family member is an adult looking to make his/her own benefit claim: in the case of a child, it doesn’t matter because they do not need a right to reside to be included as a dependant on a parent’s claim.
So, are the pensioners with pre settled status eligible for HB because they are piggy backing a perm right to reside, rather than the settles status?
If we can potentially pay them, i think we need to look at the support offered to them from their family members (because they are extended family members in old EEA rules ) –
They don’t live together so I think the working age kids have to be financially supporting the pensioners AND fufil one of the conditions below ( reg 8?)
1 is accompanying the EEA national to the UK / wishes to join him there, or
2 has joined him in the UK and continues to be dependent on him or to be a member of his/her household;
a person who is a relative of an EEA national or his/her spouse or civil partner and, on dangerous health grounds, strictly requires the personal care of the EEA national or his/her spouse or civil partner;
he/she who is a relative of an EEA national and would meet the requirements of the Immigration Rules (other than those relating to entry clearance) for ILR as a dependent relative of an EEA national was the EEA national a person present and settled in the UK;
the pension couple have a Polish State pension of £415 per month – they have a health insurance premium deducted from that of approx £40 – i think this is the polish equiovalent of national insurance deductions. they have no other income
daughter says she is main carer for parents, and has provided a hospital appointment letter for a CAT scan for her dad, ( Oncology corridor, but that may be just where the CAT scanner is located rather than relating to why he is having the scan done) but no other medical details.
If ia can look at extended family member route, what other info do I need? dangerous health grounds/strictly requiring personal care from he daughter – that sounds quite specific and also a bit motre specialised than just looking after mum and dad who may have the usual aches pain and ailments associated with Old Age. Any ideas what would tick the box for this?
Do the parents need to have comprehensive medical insurance? i thought that only applied to old styl self sufficency but not sure.
Any guidance/pointers most welcome – I **thinlk** we can look at the extended fam member routeute to pay them, but I am not sure . Likely to go to appeal if the refusal is uphld, but equally I dont want to pay them under old rules if thats no longer valid.
i really want to understand/ get my ducks in a row.
Thanks for reading – Prisca