A8 National failed Right to Reside test for IS claim

Hi Ive decided to place this in both IS thread and DM and appeals thread as I really need some advice! Here goes…

hi there

i am working with a young girl from Lithuania. She came to UK in Jan 2012 (age 17), and originally lived with 2 men (states no relationship). She came to the attention of my service when she was approx 36 weeks EDC and by that point living alone. A claim to IS was made- this ended up being for a 3 week period only as her boyfriend moved in with her and he was a worker also from Lithuania

The claim for IS has just been refused (taken from June to October to make decision) on grounds she has failed right to reside test using the following regs:

Reg 21 AA(1) and (2) of IS Gen Regs 1987

Reg 6 of Immigration (European Economic Area) Regs 2006

Once partner moved in a claim for HB/CTB/CHB and CTC was made - he was working 18 hours only and she is studying at college- doing full time ESOL course.

He has now ended his work (states was sacked?) and a claim for JSA has been made.

My queries are:

Can anyone see any grounds for this appeal regarding IS? Ive read something about Article 12 of the EC but dont fully understand it!

Should I expect the same refusal on same grounds for the other benefits too?

Does anyone know of an argument i can use to get some form of interim payment of benefits whilst the appeal is being heard as im expecting it to take quite a while and they are really struggling financially. They have had some assistance from social services but this will not be frequent or continuous i believe.

thanks

Natalie