A8 right to reside based on daughters circumstances

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  • #38444
    Kully Bains
    Participant

    Our claimant , who is 61, from A8 country arrived in the UK in 2009 and derived his right to reside based on his daughter who was working in the UK .
    He has been granted GC . At the previous address they lived with their daughter where she was the tenant. She was not claiming Housing Benefit.
    However we now have a claim for a new address where the tenant is the non working GC father. The daughter has also moved in with them but is a non dependant.I cant treat the non deps income as the claimants because the claimant is on GC.
    Would you allow Housing Benefit ? i dont think checking contrived tenancy is applicable as someone does have a genuine laiblity to pay rent

    #108361
    Kay_Tade
    Participant

    [quote=Kully Bains]I cant treat the non deps income as the claimants because the claimant is on GC.[/quote]

    Sorry, I don’t understand that bit as I don’t think you have any need to.

    To answer the post, as long as PCGC is in payment and the DWP are aware of all circumstances obtaining at the time of change then I wouldn’t worry about anything and just pay the HB as R2R has already ascertained by the DWP hence the GC award.

    #108362
    Kully Bains
    Participant

    i was thinking that if the claim had been non passporting then we could have considered reg 26

    “Where it appears to the relevant authority that a non-dependant and the claimant have entered into arrangements in order to take advantage of the housing benefit scheme and the non-dependant has more capital and income than the claimant, that authority shall, except where the claimant is on income support, an income-based jobseeker´s allowance or an income-related employment and support allowance, treat the claimant as possessing capital and income belonging to that non-dependant and, in such a case, shall disregard any capital and income which the claimant does possess. SI 2008/1082
    (2) Where a claimant is treated as possessing capital and income belonging to a non-dependant under paragraph (1) the capital and income of that non-dependant shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant and any reference to the “claimant’ shall, except where the context otherwise requires, be construed for the purposes of this Part as if it were a reference to that non-dependant.

    #108363
    Kully Bains
    Participant

    sorry i have qiven the wrong reg above, my claimant is under pension credit regs .

    #108364
    Kay_Tade
    Participant

    Yes, I see where you are going with that now, why would an EEA want to be liable for rent and be a dependant EEA family member of another EEA that is now the non-dependant?

    But I must say I am still confused, how can your claimant be 61 and in receipt of GC if under pension age?

    Edited for clarity, in a bit of a rush to get out of here and have a :beer: .

    #108373
    Kully Bains
    Participant

    i was in a hurry too ! by under pension credit rules i meant he is subject to the pension age regs !

    #108374
    Kay_Tade
    Participant

    I WAS in a hurry. 🙂 . Have now read your post properly, I thought you meant under pension age regs.

    Anywho

    [quote=Kully Bains]Would you allow Housing Benefit ? i dont think checking contrived tenancy is applicable as someone does have a genuine laiblity to pay rent[/quote]

    That fact, does not change contrivance, it doesn’t have to be between the L/L and tenant to be contrived. You will have to convince a Juge that the reason they took on the liability is to take advantage. As you said you can’t use the non-deps incme because of GC.

    You may get better/other views on the main HBR 2006 regs message boards. I think it’s a 50/50. Unless you convince the DWP the claimant no longer has R2R, for PCGC, I also can’t see that happening.

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