Hi all (I have a headache!)

Can anyone tell me…If a person has a permanent Right of Residence (regulation 15) do they automatically acquire it? Or do they have to apply for it for the purpose of claiming benefits.

I have a client who is 57. He has lived in the UK with his wife (aged 60) since 1999. He was a student and has worked for a number of years (over one l year). However, he recently lost his job because his fixed term contract came to an end. He is currently receiving JSA contribution based (couple). His Wife (aged 60) wondered if she could make a claim for PC. I advised her she could as a family member of a person who has resided lawfully for over 5 years. (Well at first I thought as a family member of a work seeker, however I have since read that under Pension Credit Regulations a jobseeker is not a qualified person!!)

The Pensions Service refused the claim. I’m thinking of appealing under the Right of Residence (regulation 15) – but after reading copious amounts of regulations and going round and round in circles, I feel I might be on the wrong track?

Can anyone help, would be much appreciated