Pension Credit for family member of A8 national

Does anyone have a view on this - I’m going round in circles?!
Client is 64 year old A8 national.  Came to UK in 2006, never worked or claimed benefit until March/April when she claimed Pension Credit.  Been refused on right to reside grounds.
When she came to the UK she lived and was dependant on her son (A8, worker) who has since died.  She now lives with and is dependant on her son in law, also A8 and a jobseeker.
Does she have right to reside for Pension Credit?  Any thoughts appreciated.

It’s quite complicated, but there are some possible provisions in paragraph 4 of Article 17 of the Residence Directive 2004/38/EC about family members where the worker with whom they were living has died before getting permanent rights of residence. The conditions are pretty strict but worth looking at:

4. If, however, the worker or self-employed person dies while still working but before acquiring
permanent residence status in the host Member State on the basis of paragraph 1, his family
members who are residing with him in the host Member State shall acquire the right of permanent
residence there, on condition that:
(a) the worker or self-employed person had, at the time of death, resided continuously on the
territory of that Member State for two years; or
(b) the death resulted from an accident at work or an occupational disease; or
(c) the surviving spouse lost the nationality of that Member State following marriage to
the worker or self-employed person.

That’s the best I can do. I’d be interested to know what the interpretation of “while still working” is.

Thank you Ariadne, sounds like a possibility.  ( I was hoping you would see this post - I am grateful, as ever, for your help)

Just to add that the dependence on the son-in-law who is a jobseeker is not going to help, as dependent family members of jobseekers can only claim JSA themselves.  If on the other hand he is seeking work and infact has a retained worker status then that is a different matter.

Possible argument that she has acquired permanent right to reside after 5 years residence as a self-sufficient person?  Depend on dates but the caselaw says that source of resources doesn’t matter - so if she can show that she has lived in the UK for 5 years without needing to claim any “social assistance” then she may have acquired permanent right to reside, and even if she had if it is/was only for a short time then arguably she should still be treated as not having been a burden on the social assistance system.  Then there is the comprehensive sickness insurance issue but arguably disproportionate to refuse her if has not actually used NHS much