British Citizen, pension credit law

[Bode]

Hi
I sponsored my mum here. She is no longer subject to immigration contro. And received her British passport in a January.

However when we applied for pension credit we were told she’s in not yet eligible because she was out of the country during her sponsorship period. And would have to wait.

Her sponsor ship ended July 2017.
She received her BP in January 2018

They added the 432 day’she was out of the country to the period and claim she’s not eligible. Is that correct?

What is the legal position on this?

[BIG Dobby]

Hi
I sponsored my mum here. She is no longer subject to immigration contro. And received her British passport in a January.

However when we applied for pension credit we were told she’s in not yet eligible because she was out of the country during her sponsorship period. And would have to wait.

Her sponsor ship ended July 2017.
She received her BP in January 2018

They added the 432 day’she was out of the country to the period and claim she’s not eligible. Is that correct?

What is the legal position on this?

How old is your mum? If she is over 65 then she is qualified

[secret.simon]

Not necessarily an immigration matter. Quite apart from having ILR/British citizenship, there are other residence and absence requirements for claiming Pension Credit that apply to all applicants, including people who have been British citizens throughout their lives.

Pension credit is subject to the Habitual Residence test and any absence of more than four weeks from Great Britain (so, not including Northern Ireland) can impact Pension Credit. Generally (not always), the Habitual Residence test requires that the applicant be resident in the UK for at least three months.

Also see:
Pension Credit Extra information
Citizens Advice Bureaux information on the Habitual Residence test