R2R

I am helping My client with his appeal against R2R decision. client is a family memebe of an EEA national, came to UK with his parent when he was 8, he had his primary, secondary and college education here in UK. He is now a 25 year old man.
Suffering from severe depression applied from ESA (IR) and his claim was refused as the DM determined that he did not have R2R as he is:
a) not a worker or a person who retains worker status
b) not s semf-employed person or a person who retains self-employed status
c) not a family member of a person described in (A) or (b)
d) not a person who is the parent and primay carer of a child who is on general education in the UK
e) not a child in general education in the UK who is the child of an EEA worker
f) not a person who has gained a [permanent right to reside

Regulation 4,5,6,7,14 and 15 of the immigration (EEA) Regulation 2006

My client previously gained emplyment the job has now ended. There was a break between the end of his last job and the claim of ESA(IR). He was involuntarily unemployed. Since his last job ended he has been claiming JSA.

CL provided dwp with some payslips, P45, doctors letter, but there are gaps with no explanation.

Any suggestion would help, thank you

He may be able to derive a right of permanent residence from his parent if they have worked here for a continuous period of 5 years.

This would bring him within the scope of Article 16 of EU Directive 2004/38. A permanent right of residence is given to union citizens who have resided in the UK legally for 5 years and this permanent right to reside also extends to their family members.

Hello, I have another client with similar problem, but this one is not an EEA national but living in UK as a family member of an EEA national. She is from nigeria and her mother is Italian national who has been living in the UK since 2010. Client has been living in the UK since 2010, she is 30 years old, suffering from MH problem.
Client failed HRT and her ESA(IR) stoppped. She has been told by DWP that she was given ESA in the first place by mistake.

Is she able to derive a right of permanent residence from her parent as her mother has worked for a continious period of 5 years?

In the Brey Judgement this was handed down

Furthermore, the ECJ held that nothing in Regulation 883/2004, or in the Directive, prevented a member state from making entitlement to an SNCB conditional upon the claimant having a legal right to reside (see paragraphs [39], [42] and [44]).

Brey

44 The Court has consistently held that there is nothing to prevent, in principle, the granting of social security benefits to Union citizens who are not economically active being made conditional upon those citizens meeting the necessary requirements for obtaining a legal right of residence in the host Member State (see, to that effect, Case C?85/96 Martínez Sala [1998] ECR I?2691, paragraphs 61 to 63; Case C?184/99 Grzelczyk [2001] ECR I?6193, paragraphs 32 and 33; Case C?456/02 Trojani [2004] ECR I?7573, paragraphs 42 and 43; Case C?209/03 Bidar [2005] ECR I?2119, paragraph 37; and Case C?158/07 Förster [2008] ECR I?8507, paragraph 39).

Inform the DWP and it should help immediately if I haven’t got hold of the wrong end of the stick!!!