Are R2R regs different for PC?

I have a client whom I helped with an ESA claim some 18 months ago, eventually establishing he had a permanent right to reside through being a worker for a period of five years, using Lassel.

He has now claimed PC and received a letter stating that they do not think he has R2R.

I am hoping that this is just poor decision making but can I just check that his permanent R2R doesnt change now he’s pensionable age does it?

Am a R2R dunce…

There are some minor differences (a right of residence as a workseeker, for instance, is specifically excluded) but these are not relevant here. If a person has aquired a permanent right of residence (Lassal or otherwise) then this is good for IS/ESA/JSA/PC - the lot.

Problem will almost certainly be different offices/DMs due to two different benefits being unaware of the earlier ESA decision.

That said, if you a ‘RTR dunce’ how confident are you of the permanent residence under Lassal? I only ask because it is conceivable that the ESA decision maker got it wrong (in your client’s favour) and the PC decision maker has it right. In any event, the PC decision maker isn’t bound by the earlier decision - you may need to go through it all again…..

Fairly confident of previous R2R decision, mainly due to wonderful advice received here at the time. Written proof of 5+ years work etc.

Ive written to the EU team at the Pension Service, sending them a copy of the JC+ EU team’s decision from last year.

Thank you and fingers crossed.

Well that should be fine then. Good luck.