ESA and R2R

I always struggle with these but there is nowhere in the locality where I’m able to refer (CAB referred to me as they weren’t able to deal with it) so as always I’d be grateful for advice (or anyone to whom I can refer before I organise a translator).

Brief history -

Lithuanian client came to UK 9+ years ago

Had several jobs then in 2008 claimed JSA to July 2011

Then claimed ESA for two months between July 2011 and Sept 2011. 

Refused ESA as not a qualified person.

He’s signed on again since (that’s another story as still looking at hbitual residence even though he’d been awarded it before the ESA claim)

Why doesn’t he have entitlement to ESA ?

More detail needed Sue. 9+ ?, could be relevant with regard to employment/time spent before 2006. Also details needed of work history undertaken prior to JSA claim. Did they register for Workers Registration Scheme?
As for their recent claim for ESA, my guess is that they are not deemed to be excerciing a treaty right; worker, jobseeker etc so cannot qualify as no right to reside.
It’s been along day & my head hurts, so it’s likely that I’ll stand to be corrected!

Mine hurts more I bet…......

Thanks Mick

He says been here about 9 years :-/

No WRS. He didn’t even know what I meant.  I didn’t think that would be relevant since May anyway??

I have details of three jobs for the period June 2005 to 2007 none of which lasted more than a few months

That’s all the info I have

Thanks Duncan, sometimes the most obvious is ignored !

Tom that’s clarified it for me thanks very much. I’ll instruct a translator so we can obtain all the relevant details..

or even an interpreter !