Elderly Dutch mother moved to the UK - Pension Credit?

AndyEaston

My mother is a Dutch national aged 78 years. My father died 15 years ago and she has no family left so moved to the UK to be near me. She sold her flat and bought a small flat in Birmingham. She has savings left over of about £13000.

She has not worked since the late 1960s and gets a small pension from the Netherlands.

At the moment she is OK financially. When her savings run out, will she be entitled to Pension Credit?

AndyEaston

My flat is too small. She doesn't need financial help now, but she will in a few years. I am trying to find out what benefits she will be entitled to.

sleepless_saver

Assuming you are an EEA national with a right to reside, then she may be able to claim pension credit if she can show she is habitually resident. See link for more info about habitual residence, which is complicated. But this is less of an issue if she's planning to stay here for a while before claiming.

Have reported bricleg's unpleasant reply.

Caz3121

You will need to look at "habitual residence test" (even UK residents that move overseas and then return need to pass this before any benefits)
I doubt pension credit would be applicable
If she passes the HRT then she may be entitled to some council tax benefit but this will be reduced by her savings.
With her savings and her pension from the Netherlands and no rent/mortgage I would imagine she will be fine for a while yet

pmlindyloo

I think this is rather more complicated than first imagined.

Did your mother come here as a self sufficient person?

There are all kinds of rules and regulations and I think you are best to consult an expert on this. Perhaps CAB will help.

sleepless_saver

pmlindyloo wrote: »

I think this is rather more complicated than first imagined.

Another point that occurs to me is that the law on means tested benefits for people coming to the UK is still developing and changing, so even if the OP clarifies the current position it could well be different in the future.

pmlindyloo

I have tried to find out more for the OP but to be honest it is very complicated.

Whilst I don't think she will be entitled to PC (although not totally sure because there are always 'exceptions), I was wondering about AA.

kingfisherblue

Why would you wonder about AA? There is nothing to suggest that the OP's mum has any disability or frailty that needs care.

AndyEaston

kingfisherblue wrote: »

Why would you wonder about AA? There is nothing to suggest that the OP's mum has any disability or frailty that needs care.

She is quite frail but doesn't need care.

Whiteknight

AndyEaston wrote: »

My mother is a Dutch national aged 78 years. My father died 15 years ago and she has no family left so moved to the UK to be near me. She sold her flat and bought a small flat in Birmingham. She has savings left over of about £13000.

She has not worked since the late 1960s and gets a small pension from the Netherlands.

At the moment she is OK financially. When her savings run out, will she be entitled to Pension Credit?

She may well be entitled to Pension Credit at the moment depending on how much she gets from her pension in the Netherlands.

The Habitual Residence Test will need to be completed and if this is passed she will get the money. If she does not pass then she can ask for a reconsideration and then an appeal.

If she goes this far she will more than likely get a positive result.

Get her to call the Pension Service tomorrow on 0800 991234.

AndyEaston

I found this site: www benefitsnow co uk/pc/resideingb.asp (sorry not allowed to post links as a newbie)

"Your Right to Reside.
...
The following groups have a right of residence:
...
an EEA national who is a jobseeker, a worker, a self-employed person, a self-sufficient person or a student. Family members and extended family members of any of these also have a right to reside:
..."

I an British (born in the UK) so presumably as my mother she has a right to reside?