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  • #39038
    gcooper
    Participant

    I have a case where the grandmother of a EEA worker is claiming HB as a dependant family member. The grandmother and grandson don’t live in the same property.

    Can anyone tell me if the dependant family member must reside with the principal EEA national in order for the dependant family member to get HB?

    I can’t find anything that really tells me either way.

    Many thanks

    #110797
    Anonymous
    Inactive

    I *think* your claimant may fall foul of regulation 8 of the immigration (EEA) regs 2006. As she is not a direct relative in the ascending line, she would only count as an extended family member under reg 8…

    Have a look and see whether the claimant would satisfy any of the paragraphs criteria:

    http://www.legislation.gov.uk/uksi/2006/1003/regulation/8/made

    #110804
    Anonymous
    Guest

    I would have thought that grandparents are direct relatives in the ascending line. I think means “straight” i.e. not veering off into aunt/uncle territory. I think it it is too narrow a reading to view it as meaning “the next directly adjacent generation upwards”. If that had been the intention the Directive could just have easily have said “parents”.

    They don’t absolutely HAVE to live together, but the burden of proving that they are nevertheless dependant on the principal EEA national is heavier if they don’t.

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