HABITUAL RESIDENCE/RIGHT TO RESIDE IRISH CITIZEN JSA

I have a client from the Irish Republic who has been refused JSA/income based on grounds of not being habitually resident, he came to UK in May 2013. I know that Irish citizens are exempt from the Right to Reside test but I thought that EU citizens were also exempt from the hab res test, Was i dreaming this ???

Not exempt as such, but seldom caught by the HRT because it requires the person to be habitually resident anywhere in the British Isles, including the Republic of Ireland.  Many Irish nationals who come to live in the UK will have been habitually resident in Ireland immediately beforehand and therefore satisfy the HRT.

If your client has not come directly to the UK from Ireland, that might be the reason?

thanks, I believe he did come directly from Ireland so looks like DWP may have got it wrong, will be appealing it