My Lithuanian client has been in the UK since 1995, working or claiming JSA irregularly. He's now 66 years old and has been refused Pension Credit, as Pension Service says no RTR.

I have appealed, arguing firstly a permanent RTR on basis that client is a worker who has ceased activity at retirement age, and secondly that he has permanent RTR by virtue of 5 years lawful residence as a qualifying person under the 2006 Imm Regs, given that he was a worker and jobseeker for 5yrs+.

The Pension Service says that as he is an A8 National he can't qualify for 5yrs residence permanent RTR until 5yrs after Lithuania joined EU, so 1st May 2009.

Is this right? Can A8 Nationals not qualify for a permanent RTR under 5yrs rule until 1st May 2009? Sorry this may be really obvious!

Yes! There's case law but I can't find it at the mo. Essentially you must have lived 5 years "in accordance with these Regulations" - or their predecessors - and it you weren't an EU national 5 years ago you can't qualify under the permanent right rules till you have been.

Mind you, I can't see why he can't claim as a worker who has reached retirement age.