TCTM02870 - Entitlement: Tax credits and European Law: Derived Rights - Article 60(1) of Regulation (EC) 987/2009
Article 60(1) of Regulation (EC) 987/2009
Where a person who is eligible to claim family benefits does not make a claim, a claim made by the other parent or guardian must be accepted by the competent Member State.
Example
Dieter, a German national lives and works in the UK whilst his children and ex-wife Helga reside in Austria. Helga and does not work and is financially dependant on Dieter. The UK is competent to pay family benefits by reason of Dieter바카라 사이트™s employment here and should he make a claim, an award would be considered for his children in Austria.
However, if Dieter chooses not to make a claim, Helga can make a claim for UK family benefits and the UK should accept that claim and consider whether to make an award.