HB, R2R and permanent residence on retirement (at age 73) – I(EEA)Reg 5(2)

Clnt is EU national who came to GB in 2016 at which point had already attained UK pension age. Worked until terminated employment (age 73) to retire. Not eligible for RP (or pension etc. from any other EU country).

HB refused as LA state Regs include a requirement to have been employed for at least 12 months before reaching pension age.

In our view HBGM C4, Appendix B, para 22 is not a correct statement of the legislation and that Reg. 5 simply requires a person to have worked for 12 month prior to terminating employment in order to retire. Age at which terminate employment for the purpose of retirement is irrelevant.


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