A2 Romanian

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    I would be grateful for some advice on the following:

    2 years ago we had a claim from an 18 year old Romanian who was leaving care. She enrolled to local futher education collage in order to carry on with her GCSE. She was awarded EMA and supplemented her income with part time self employment as a cleaner.This ended 11.07.08.
    Benefit was awarded as student under 19 in further education.

    She is now 20 with 6 month baby plus her 13 year old sister has now joined her from Romania.

    Currently not in receipt of any DWP benefit as doesnt have right to reside threrfore not considered habitually resident.
    Benefit award has been canx from date self employment ended.

    Claimant appealed with the help of a solicitor quoting 12 months un interrupted s/e work. They claim she is entitled to benefit under Regulation 6 of the Immigration (EEA) regulations 2006.

    Her initial award was not on the basis of seof employment but as previously stated student under 19.

    Comments would be appreciated.


    She is not a “qualified person” under reg 6 so she does not have R2R and no entitlement to benefit. She needs to be claiming JSA, be self employed, self sufficient or be a student. She is none of those and does not retain R2R.

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