Hi fellow welfs,
I have a polish couple, Mr has resided in the uk since the second world war, and Mrs has moved between poland and the UK for the last 10 years and they have married during this period. Her last absense commenced a year ago for approximately 6 months, but they are very vague about the dates she has been in Poland/UK other than what is in her passport prior to 2004. They have seperated on occasions during their marriage.
Mr has been in receipt of PC as a single person, and requested a supersession on the grounds that his wife has returned from Poland to reside with him. Pension Credit have made the decision, (not yet in writing, but they have told me over the phone....) that he is entitled to the single person rate of Pension Credit only.
I don't normally deal with A8's, but my reading of the Imm (EEA) reg 15(1)(a) give him permanent right to reside and his wife receives permanent right of residence under reg 15(1)(d). He should therefore have a couple's standard minimum guarantee.
I am really not sure about this and I would be grateful for any comments on my reading of the regs
thanks in advance
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