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Claiming Income Based ESA with permanent right to reside Home Office Card
claimant has been on contribution based ESA for sometime and now qualifies for income based he has applied and been told he needs to comply with HRT and provide all details of employment since arriving in 2008, he has a Home Office Card stating permanent right to reside, they are saying this is irrelevant.
I thought this would be sufficient evidence? Card issued Feb 2017 and he has not left UK since he came in 2008.
What am I missing?
thanks
In any sensible system of administration, this would obviously be accepted as being perfectly good evidence of having a permanent right to reside for benefit purposes.
However, as I understand the situation, the card or document confirms that you have acquired this status but it does not grant that status – it is merely a declaratory object.
As such, the DWP can require evidence of having established a right to reside in connection with a new benefit claim. However, they also need to expalin why they don’t think the PRC does show evidence of your client having a permanent right to reside, see this thread DWP not accepting Home Office issued Permanent Residence certificate and post #3.
thanks Paul, silly me thinking it would be straightforward!!