pension age EEA national, no EUSS info

Hello wise people!

I have a Portuguese national wjo is 67, he is receiving a small state retirement pension of approx £60 a week, but nothing else

He has been in UK since 2009 and He was awarded ESA IR in September 2015 snd we have had a claim for HB in payment based on ESA IR since Feb 2016, updated yo SRP in Jan 2020 when he became pension age,

problem is, as far as we can tell, he’s not applied for his EUSS. ( he was on the list we got gfrom DWP, he hasnt replied to our query letters asking him if he’s applied/ to provide his docs/ code so we can check. 
His SRP is tiny so he would get pension credit, but Im guessing that without proof of his post brexit right to reside he’s not going to be eligible

His HB is suspended - do I need to terminate it ( im reluctant to do so, but not sure he has any r2r if he doesn’t have his EUSS.)  if so, what date from?

Prior to all this, the LA could make the decision as to whether someone had a r2r “strong” enough to claim HB and this included looking at their history and deciding they had a perm right to reside, regardless of their current income - but i understand that now, its only the HO that can make this decision and award the official cards doc.

All seems to be a bit of a Windrush waiting to happen again…. man spends 10+ yrs in UK legally but doesn’t get any offical card ( because he didnt need one)  and then rules change and he’s no longer eligible with no way to claim anything or work.

Please can anyone advise what the correct way to proceed is?

Thanks - Prisca

Have a look at this https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2021/a102021-claimants-without-a-status-under-the-european-union-settlement-scheme-at-the-end-of-the-grace-period

But essentially he is not entitled to HB until he has applied for EUSS, once he has applied - if his late application is accepted, he should get immigration advice for this - you are then back to the old rules on does he have a right to reside whilst waiting for the EUSS decision

Yes he needs to make late SS application as soon as possible.

As Vonny notes in the linked information:

12. Where a claimant has received a certificate of application from the Home Office, local authority (LA) Decision Makers should accept that the claimant has submitted a late application which has been verified and validated by the Home Office and treat it the same way as those who submitted an EUSS application before 30 June 2021. These individuals can access HB and other income related benefits until the outcome of their application has been decided or they have exhausted their appeal rights.