with reference to para 3 (a) of Art 7 of Directive 2004/38/EC (he/she is temporarily unable to work etc...') i'm 'temporarily unable' of finding a definition of this term...dwp are saying that he hasnt worked for the last 26 weeks and is not looking for work at present due to ill health, neither does he have work to return to (all correct). does this then suggest that he is indeed not temporarily unable to work...any info to the contrary would be appreciated...

The point is arguable - have a look at CIS 3890/2005 where i believe the person was off ill from Oct 04 to June 05.