PFA – Portuguese National – Inactive/Pensioner

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    We have had an enquiry from three Portuguese nationals living together. They have lived here since January 2009.

    The family is made up of daughter working full time, daughter who is disabled and unable to work and the Mother is a pensioner.

    The enquiry is whether the disabled daughter and the pensioner Mother can claim for their proportion of the rent and CTAX.

    We are of divided opinion in the office – 50% think yes they can claim because they are ‘members of workers’ family’ and 50% think no because they are inactive and not self-sufficient.

    Can anyone provide a clear answer or any guidance on this please? PFA is not my strongest subject and I seem to be unable to find any notes which don’t contradict themselves!




    Different answer for each of them. This is because there are two tiers of EEA family membership: close immediate family and extended family.

    The mother is covered as the dependant family member of her daughter, assuming the daughter provides her with a significant amount of material support. This is because she is a relative in the direct ascending line.

    However, the sister is not a close family member as defined in EEA law. As an extended family member she only has a right to reside if she is in possession of a residence document from the Home Office confirming her status. From your description of her circumstances, she will be entitled to such a document but until she gets it she cannot claim HB/CTB in her own right – although on the HB side you could apportion the rent 50/50 between the other two until the sister is in a position to claim (assuming the LHA rate will accommodate it).

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