romanian claim

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    I have a claim from a Romanian National that was being paid on Jsa(ib) since May 2009. In July 2009 she claimed ESA and was refused this on the basis that she failed the HRT (stated no qualifying right to reside as no work history). She also had a small amount of JSA(ib) in feb/march.

    She came to the UK in Feb 1994 and married a British Citizen in 1995 and they split in 2007 (not sure if divorced yet). She was supported by Social Services from 2007 until March 2009.

    She also has a residence document confirming that she can do unrestricted work – not beholden to worker authorisation scheme for A2.

    I am a little mistified by the DWP decision as previously received JSA(ib) so would have had to pass HRT for that, and thought she would pass the HRT anyway as been here over 5 years and would derive right to reside from her spouse (unless they now divorced).

    Is my assumption correct for a Romanian, or have I got it wrong any help would be appreciated, as I feel that I should be challenging DWP decision.


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