Client is 64 years old German national and has lived in this country since 1967 after marrying a British national. Client worked in this country from 1967 to 1991 when because of severe health problems he claimed and received of UK nvalidity/incapacity benefit and high rate mob and mid rate care of DLA from 1991 continuing.

In 2001 client and his wife went to live in Germany until 2006, to look after client's elderly ill mother, who passed away last year. They gave up their tenancy. During this time client still received UK incapacity benefit and UK DLA HRM MRC. Client and his wife then returned to Wales from Germany to look after his terminally ill Mother-in-law who died in July 2006 and took out another tenancy.

Client was granted housing benefit from 14/08/2006. He had a decision on the 12/01/2007 that he is not entitled to Pension credit because he does not have the right to reside for benefit purposes in the UK. He continues to receive UK Incapacity benefit and DLA HRM MRC and his wife receives CA. His wife is in her early fifties.

Any help with PC appeal gratefully recieved and they are due to be interviewed about HB and CTB next week - no paperwork about that but it looks like the compliance/audit (i.e. fraud) team, interviewing.

Thanks to all in advance.

Rob

I cannot remember the rules on the interplay between IS and PC but, if you can, i would switch claimants as i do not hold out much hope for his claim.

The PC and HB/CTB appeal grounds would then be to argue that he is still covered by Reg 5(3) of the EEA regs (this is problematic and i will e mail you if you want the problems). Other than that you will have to argue that the refusal is disproportionate given the strength of his connections here, the reasons for the return to Germany and his contribution history. Again this has some difficulties.

Thanks Tim - Reg 5(3) looks like something to get our teeth into, and we will work on proportionality. We will try the switch. Thanks again