EEA National refused PC

I am advising a Dutch National who has lived in the UK since 1978. He is single, aged 74 & since pension age has been living on a small Dutch retirement pension & money from a Dutch Benevolent fund, the total of which is below Pension Credit applicable amounts. His PC claim has been refused on the grounds that he does not have a right to reside as he cannot prove that he has ever worked in this country. Before getting his pension he lived off capital & inheritances from his parents. He applied for jobs but does not seem to have registered for employment and he did some self-employed work ( ran a Betterware catalogue) but earned commision only and did not register with HMRC as self-employed.
I am struggling to find an argument to challenge his disallowance, can anyone help?

Martin’s your man on this I think, but off the top of my head I would argue he was self sufficient (and has been so for at least 5 consecutive years) and on this basis has a permanent right of residency.

I think 1964 is right -  self sufficient for 5 years so now has permanent R2r under art 16. Art 8(4) goes “Member States may not lay down a fixed amount which they regard as “sufficient resources” but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host memeber state become eligible for social assistance”. Well hes got by on it for a good few years so he should be able to make a case that it is suffficient resources. In terms of the requirement for comprehensive health insurance he would have been covered by art 28a of the old coordination reg 1408/71 and now art 25 of the new one 883/2004 like the claimant in SG v Tameside [2010] UKUT243 so should have no trouble with that element.

Thanks for this, however one further problem is that this person is in receipt of full HB/CTB. I have just been in touch with him to find out how long he has been in receipt and he thinks since about 1985. He was in the UK for around 5 yrs prior to this so presumably I can argue that he gained a permanent right to reside after 5 yrs (having sufficient resources) & then claimed HB/CTB legally?

Wouldn’t he have transitional protection from right to reside test under reg 6 of Social Security (Habitual Residence) Amendment Regs 2004 as was receiving ‘specifed benefit’, which includes HB, on 30 April 2004 and has been ever since?

Many thanks, I’ll try that.