Hungarian National on DLA

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  • #39000
    Anonymous
    Guest

    Hi all

    We have a Hungarian national who is just over 60yars old and her income is a Hungarian occupational pension of just over £150.00 per month and her income from lower rate care disability living allowance and mobility allowance.
    All this income is below her applicable amount. We refused her claim for Housing Benefit based on self sufficiency and being an unreasonable burden on the local authority. Customer has lived in the UK since 2008.

    Customer has a son who lives in a different property with his family who is working but does not have very high income and she has now asked us to revise our decision as her son has promised to pay her an extra £35 per week to top up her income as she would be helping him with his cleaning and baby sitting.

    Please advise on whether to reinstate claim or stick with original decision, thanks H)

    #110510
    stevedaymond
    Participant

    If you are thinking this will make her self-sufficient I would still not pay unless she had private medical insurance (others disagree that this is a requirement).

    As he is only giving her £35.00 per week I would not class her as being dependant upon him. If she was dependant on her son it would make her a close family member and she would have the same positive right of residence enjoyed by the principal EEA national to whom they are joined.

    What has the customer been doing in the UK for the last 3 years?

    #110511
    Kay_Tade
    Participant

    Just some questions first. There may be various avenues to R2R for your claimant.

    When did she turn sixty, when did she make her benefit claim, when did she become incapable of work[This is my assumption based on the DLA but the SoS/the applicable regs can only determine that], has she only just become dependant on her son and does the info you have support the suggestion, also has he been working all along since 2008 and did he complete WRS for 12 months prior to 01/05/11, did she work[Same WRS application as her son would apply prior to 01/05/11]?

    I know, loads of :quest: s, but you will need answers before you can decide.

    Edited to add: Just seen Steve’s post[I am one of those that don’t take the medical insurance bit too seriously 🙂 ] aside from that and the additional question I have posted then we are along the same line of thought.

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