No, no loopholes!!!
The HRT is a qualifying condition, like having a NI No. if you don't pass, you don't even get to consider the HB regs for rent/income etc...
The only light I can see is your expression "will - probably - return to their home nation"...
If there is no intention to return, and if the can then be deemed EEA eorkers (or students etc), then you might pass the the HRT, if they decide to stay and make a home in the UK!!!
Not the answer you are looking for I know, sorry I couldn't help more!!!
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