a2 national ...

Hello all !
As usual just want to run this past you ...
Have a cl. from Bulgaria and they have been in UK for 3 years as a self-employed person.
They are now incapable of work.
They have no husband, partner or children in the UK but they have a brother who is also Bulgarian and self-employed.
Can the cl claim ESA and DLA ?
My thoughts are yes they can because an A2 national retains worker status if they have a period of temporary incapacity for work, and they can also claim DLA because they satisfy the residence conditions.

CPAG 1411, 1428 - 1434.

Any thoughts as ever, greatly accepted and thank you ...

Thank you ... I shall advise cl accordingly ....