ESA/Polish national

Hi Folks, I am at my wits end here, I have a polish national, made a claim for ESA in July 2010, refused on R2R/HRT, appealed, submitted evidence that client has 12 months continuous work and has residence permit.  Obtained full work history for client from Inland Revenue, client’s last job is noted on the letter, which ended just before he claimed JSA (August 2009 to July 2010), job ended due to lack of work and due to the fact that client became homeless and was placed in a hostel.

Wick want to know WHEN this employment position ended and WHY, the company have confirmed that client worked there for 3 weeks IN 2008 but state they have no records of him working there in 2009, I have sent the company a copy of the letter from Inland Revenue however they have stated the records may have been deleted as they do not hold any information for him working in 2009.

I am guessing he has to show he was a qualified person up to when he claimed JSA ((??)).

Client has now been without benefit for a year however H/CTB is still in payment, I am reluctant to probe into this in case a huge overpayment occurs and client loses his home.

Any advice would be welcome !!!