Disabled person and Carer's Allowance

[Raf1606]

Dear Forumers,

I am writing on behalf of the family of my friends. Their situation is as follows:

The son came to the UK in 2007 and started working immediately. Applied for WRS as he is from A8 nation.

Three months later had an accident and became a disabled person. After accident, his parents who are also from EU country, came to the UK to live and look after their son.

Dad has been working full time since his arrival to the UK, mom has been full time carer and is looking after their son. She has been in receipt of Carer's allowance for more than 5 years. The son receives Disability Living Allowance the highest components and needs 24/7 care.

The question is what is the best way to apply for PR for them. Is the son eligible for PR as he was a worker and became unvoluntary unemployed?

What about mom, as a full time carer and in receipt of Carer's Allowance can she apply for PR?

Or, maybe, they can apply as the family members of dad who has been working apart from some periods when he was registered as the job seeaker?

None of them had private health insurance if it is relevant.

Please advise.

Many Thanks

[noajthan]

Take a look at Regulation 5:
http://www.eearegulations.co.uk/Regs201 ... ulation_05

Contact Aire Centre regarding position of carer's and DLA:
http://www.airecentre.org/data/files/re ... s-2014.pdf

Otherwise wife and son may be able to apply as dependents of father.
How old is son now (or in 2007)?

[Raf1606]

Thanks for your reply and for the links Noajthan.

The son is 31 now. The accident was not job related.

Do you think the only way for them to apply as dad's family members who is exercising treaty rights?

[noajthan]

The difficulty is dependent over age 21 has to show dependency on sponsor for essential daily needs.
It may be complicated with benefits in the mix.

[Raf1606]

The son is fully dependent on his parents and requires care all the time. Actually the dad is working as his support worker and employed by local authorities. They live together. Can mom apply for PR as direct family member of her husband?

Dad had one break in his employment of 6 months. He was the job seeker and was getting jobseeker's benefit and also attended courses of English language during those 6 months.

Thanks

[noajthan]

Get up to speed on direct family members here:
https://www.gov.uk/government/uploads/s ... als-v4.pdf

[Raf1606]

You're right Noajthan, should read the document properly, it answers many questions.

Thanks again for your time and support, much appreciated.