Advice needed for tricky IS query

Hello, saw a client this week who is experiencing multiple difficulties trying to claim IS.  She arrived in the UK in 2006 from Afghanistan to join her husband (also Afghani) who had obtained EEA national status via the Netherlands - I’m therefore assuming that her status is ‘family member of an EEA national’. They are married and have 3 children together, aged 5,4 & 3. Her husband used to work 28 hours per week and he received WTC & CTC, whilst she claimed CB. However, he was laid off work on 28/11/12 and was paid a week in arrears.
I understand that the they have been having considerable relationship problems and her husband has now decided to leave the family unit and return to the Netherlands to study engineering (degree) for 3-4 years.  He moved out of their home in December 2012.  He has now been awarded student finance from the Netherlands Government and receives approx 900 euros per month, which he uses solely for supporting himself.
My client has been extremely honest and advises me that although there is ‘no relationship’ left between them, he will still return during the vacations, primarily to see the children. 
As my client has no other income available now apart from Child Benefit (and hopefully CTC in her sole name soon), she made a claim for IS in Dec 2012.  This was initially refused on the grounds that her husband was working.  She made a new claim in January 2013 and this time the claim was again refused but on the grounds that her husband’s student income takes her over her applicable amount.  The client wants to appeal on the grounds that they are no longer a cohabiting couple and that she is effectively now a lone parent. I have assisted her with the GL24 and have also advised her to make a new claim for IS - but this has had to be done ‘clerically’. Obviously, this has also had an impact on her HB/CTB claim as they have cancelled her claim following refusal of IS and a ‘nil income’ claim request has also been submitted.
I suppose I’m seeking clarity regarding her claim - and whether I can argue that they are not a couple, even if he returns to the household during vactions.  Or maybe I should explore the option of whether the client would be prepared to make a claim for JSA?  Thanks for any inspiration/wisdom anyone can provide!

If they were no longer a couple prior to the date of a decision on a claim (a question of fact) then carry on with the appeal.  If no longer a couple after the date of a decision on a claim then make a new claim.  However, I feel a right to reside argument lurking in the DWP shrubbery, waiting to be made.  If so, and the 5yo is in full time education, then the case could fall neatly into Teixeira (ECJ) principles.

Have a look at articles 12 and 18 of the residence directive 2004/38/EC. I read them to mean in effect that as her husband had a right of permanent residence, having been here more than 5 years, so had she having been here 5 years in her own right, and this is not taken from her by his departure. I don’t think you need Texeira etc.

I have always found that DWP never get as far as looking at the 5 year rule.

By the way, the reason her husband has Netherlands nationality is that the Netherlands is one of several northern European countries that grant successful applicants for asylum full citizenship. When I was doing tribunals I used to see a lot of Somali refugees who were nationals of the Netherlands or one of the Scandinavian countries, and had then come to the UK to reunite with other family members.