Need help with a RTR appeal.

Claimant was born in Italy in 1981. Is an Italian citizen. Until approximately six months ago she lived some of her life in Italy and some in the USA. On each occasion she migrated it was with her mother who is her main carer, and has joint US/Italian citizenship. Claimant has siginificant level of disability, and has never been in paid employment.

On 29/8/09 she arrived in the UK with her mother and stepfather, who is a UK citizen. Refused ESA because she failed the RTR test.

Any advice? Thanks in advance.

Unless her mother is a worker, I can't see it. Would she qualify for DLA, to which the RTR rules do not apply?

Thanks, she has already claimed DLA. Assume from the lack of other advice, she cannot claim any other benefits.

Did she claim ESA in Youth or income related ESA? If under 20 she should claim ESA in youth - as this is a form of contributory ESA it should not be subject to R2R.

For IR ESA she would not have a R2R in her own right but would have to derive this from her mum or stepfather - through mum or stepfather if under 21 as a family member. It then depends on mum and stepfather's status - mum would have to be exercising EU rights (I don't think mum would have to be a worker, could be a workseeker by registering for employment - she would still be a "qualified person"). Because stepfather is a GB citizen, he would have to have excercised his right of free movement in the EU at some time in the past - does this apply?

See original posting - she is 28, so couldn't claim ESA(Y). Not clear if the advice in relation to IBESA means she has to be under 21? Could you clarify? Thanks.