UC and Habitual Residence test

Hello,
Please I have a client whose UC has been stopped.
She said she has been told she failed the HRT. She is a Nigerian National with pre settled status. She has a 12 year old who is an EU national.
I believe she is eligible for UC as a family member of an EU national right. Hence caring for the 12 year old who is in full time education. Dad is not in the picture.

If she is the primary carer of the child of an EEA worker, then yes she will have a “derivative” right to reside on that basis which, when coupled with her pre-settled status, will entitle her to UC.

She will need to ask for MR and provide evidence of her status, typically in the form of the child’s birth certificate, evidence of the father having been a worker at some point that the child was living in the UK and evidence of the child being in school.

Thanks Elliot but the dad has never been to the UK nor worked here.
Reason why its a bit complicated

Im struggling to see what R2R the EU child has? Is there extended family in UK (grandparents etc) Was Dad working for a UK company?
Did Mum have a separate visa/leave to remain prior to getting her pre settled status? I didnt think an adult get a R2R from a child under 18 -i thought someone has to be exericising some treaty rights -  imy understanding is that the child’s right to an education only kicked in if someone (parent/step parent/person with parental responsibility) had the old worker status while child was in UK.