I need help on sponsorship undertakings.

Client came from China and got the indefinite leave to remain based on sponsorship undertakings in 2000 at the age of 58. He stayed in China most of these time.

Client claimed Pension Credit in 2008 but PS refused his claim based on the length of his residednce in the UK for less than 5 years.

Client appealled the decision which I need information about the calculation of the 5 years residence.

1. whether the clock started from the date he arrived UK or

2. Start from the date he was granted settled status or

and based on pension credit allows claimant away from the UK for 4 weeks (before Nov 08) each year, Can the claimant accumulate the 4 weeks allowanceeach year and take the 20 weeks in one go when he can claim Pension Credit again?

Indefinite leave to remain will lapse under Rule 18 of the Immigration Rules if a returning resident has been outside the country for more than 2 years. It is after all a right to live in the UK and if you are not living in the UK you don't need it any more. What is his current immigration status - have you seen his passport and any entry stamps?

I'm not sure which 5 year rule you are referring to - do you mean the one about not needing to call on public funds after coming to the UK as a sponsored immigrant? The regulations (Schedule to the Social Security (Immigration and Asylum) Regulations say that the 5 year period begins on the date of the undertaking or the date of admission to the UK, whichever is the later.

The right to claim pension credit during periods of absence from the UK only arises if the absence is likely to be temporary. You cannot live outside the UK and claim it for 4 weeks a year. It's intended for residents going on holiday abroad.