Hello, I'd be grateful for some advice regarding client who has been refused PC.
Client is a Lithuanian national who claimed asylum in the UK with his wife and son (then aged 18yrs) in 1999. Gained right of free movement in UK as of 1/5/04 with Lithuania's accession to the EU. Up to 1/5/04 or thereabouts client was supported by NASS, then his son supported the family for a time, but from 2005 client and his wife have mainly been supported and accommodated by a family friend. Client and his wife have never worked in the UK.
Client has claimed Pension Credit from 22/12/07, but it has been refused on the basis that he has no RTR in the UK as he is not a qualified person. Client's son who is living elsewhere is now on JSA.
As clients are not supported by their son, I don't think I can argue that they have a RTR as they are family members of a qualified person - is this correct?
I've also considered whether I could argue that clients have a permanent RTR, through 5 years residence, but can't see that I can do this either!
Can anyone advise me on any possible grounds for an appeal?
Many thanks.
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