My cl is 62 and has just returned from Spain where he had lived with his son for 6 yrs.He returned due to health reasons.He made a claim for PC on 14/4 and was refused having failed the HRT.He appealed and the decision, verbally was not changed so presumably passes to TAS?
Pen service say he can claim again on 13/7 but they will not entertain any claims in the interim.My understanding was that the cl could be habitually resident from day one, he is a British citizen returning with a settled intention.Notwithstanding that, should he still be putting in further claims?HB/CTB was awarded altho I have posted elsewhere about a sep. problem with that.

I've already replied to your other one, and this answers the question I asked there.

I'm assuming he arrived on or very shortly before the 14/4/06.

I'd suggest making a new claim pointing to the fact that he now has been accepted as homeless and has a tenancy in the UK, as this must impact on any decision as to where he is habitually resident.

But prepare your client for the possibility that the PS will dig their heels in, so it's really important to chase up where the appeal is, and try to get it listed as quickly as possible. I would be gobsmacked if a Tribunal did not accept that he had been habitually resident since long before 13/7 and would certainly be arguing in this case for entitlement from day one.

Just a thought: had he emigrated? Or would he have come back to UK if his health hadn't deteriorated anyway? The issue of picking up the threads of your former life only arises, I think, if there had been no very clear intention that home would always be in the UK. Burning your boats befire leaving makes it hard to argue that the absence was always intended to be temporary - and thus immediately hab res on return because in a sense you haven't really been away. Six years is a long time, and I would not necessarily expect success without some sort of waiting period.

True, but that then begs the more important question of whether, if he burnt his boats (bridges, surely? ) before departing the UK, he then burnt them once more on leaving Spain? The answer to that is at least as important as what happened six years ago.

Whether it's boat or bridges, it's probably better to burn them after leaving rather than before, otherwise you'll never get away

I agree with Past Caring's approach (especially on the basis of the information we have to hand, which suggests that he had an abode in Spain which was not largely dependent on his son's good will, though there may be more to the story than this). Its this basis that I would argue for residence from day one.

However, because he arrived here with nothing, In practice I suspect most Tribunals would insist some 'waiting period', I can't see them ending this any later than the date of the start of his tenancy (or, if they did, I'd be seriously considering an appeal) and I would hold out some hope that they might consider dating it from his homelessness (or rehousing) application to the LA being made or accepted.

What really pees me off is that in whilst Tribunals and Commissioners consistently taking a flexible and reasoned approach the DWP (and the Pension Service especially) still stick to 3 months in almost all cases.