e.e.a national and losing permanent right of residence ...

I have a cl. who is german.  They came to uk in 1972 and remained here working most of the time until they went to the Canary Islands in 2006.  They returned to Uk in 2009 and have been refused Pension Credit because they do not have the right to reside because they have left the UK for a period of more than two years.  This doesn’t seem fair but having examined the CPAG book page 1435 the decision appears to be correct and if anybody has got any ideas on if their is a way to appeal this decision these would be greatly appreciated and accepted.
Thank you ...

4 points, firstly why did they go to the Canary Islands[Bear in mind this is actually a part of Spain]? Secondly they may have lost permanent residency, my emphasis on “may”, it doesn’t mean they have lost a right of residency in the UK.  Third, when and where did they reach Pension Age? Fourth, did the DWP consider self-suffiency and when was PC actually refused?

Thank you for your reply Chacha and in response to your queries Cl went to the Canary Islands to work in August 2006 and returned 30/09/2009, he reached Pension Credit age 06/09/10 and is currently receiving J.S.A.  DWP did not consider self sufficiency and i just feel this isn’t fair that a person can lose permanent right of residence after being in UK for over 30 years if they leave the UK for a period of more than 2 years.
Thank you once more and any further thoughts greatly accepted and appreciated.

Oh, and P.C refused 08/11/10 ...

Hmm, difficult one, I think the hard bit is trying to get rid of the time spent away from the UK. If he had returned to the UK every 6 months at the least or every year at the most, while he was working away from the UK then the 2 year rule does not kick in.

I had a case like this a couple of years ago that was also refused PC by the DWP, I ended up using the self sufficiency provision to pay CTB. The problem with this is that you will have to accept that they have lost the permanent right to reside. If that’s the case they will still have a right to reside under general rules. I think it’s your best bet barring the effects of events in my statement above.

What was the claimant doing in the UK between August 2006 and 30/09/2009? Are they in receipt of JSA(IB)? The fact they are receiving this suggests to me the continued working till they reached 60+.