Client has been granted a residence card as a family member of an EEA national, employment and business activities allowed. He has leave to remain in the UK until 2012, and residence card says nothing about no recourse to public funds. The EEA national is his daughter, who is at school. He works part time.
He was married to an EEA worker and fits within the I(EEA) Regs 2006, reg 10 'Family member who has retained the right of residence'.
Is divorced from an EEA worker, were married for more than 3 years, resided in the UK together (and working) for more than a year before the marriage was terminated. The daughter is in care and he has contact ordered by the court. The plan is for the daughter to live with him.
LA have refused Housing benefit on the basis that although he fits within reg 10, this does not give him any rights to claim benefits, just to reside. Is this correct??
Have considered the IAA 1999 s 115, and he does not appear to be a person who is not allowed to claim benefits.

Further clarification, he has not been given leave to remain but residence as family member. I know that this is complicated, but have I missed something or is he entitled as family member with a residence card not endorced and so not within s115?
help