Right to Reside

My client was refused Pension Credit on the basis that he did not have a right to reside, we have appealed this, up to the Upper Tribunal who has just confirmed the decision, Counsel has confirmed this position, and so we have to accept that.

However, he had been trying to claim Portuguese state pension, but has been advised that he is not entitled – not worked for a sufficient period

As such the client’s only income is £12.56 per week SRP and PIP and his HB is at risk, it shouldn’t be being paid at all

Just wanted to cover all bases and see if anyone has any ideas of what he can do next.

Reclaim and do it all over again? Without details on the client’s circs or which R2R for which you were arguing, I can’t think of any other useful advice. Perhaps approach the local authority to see whether there is a duty under the National Assistance Act, if he’s in hardship.

I would look at the principle of aggregation of periods and look at the entitlement to State Pension.

This may be useful:

http://europa.eu/youreurope/citizens/work/retire-abroad/state-pensions-abroad/index_en.htm

What is it that gives him entitlement to the SRP?

Is the UT decision on its website or was it not published?