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Universal Credit / EEA National & Care Leaver - Failed HRT
Hi there,
I was wondering if anyone could kindly offer some advice/experience into the following case:
I have a 20yr old EEA national who is a former relevant child, supported by the care leaving services via a personal advisor/pathway plan. They are currently in temporary supported accommodation for homeless young adults. They have failed HRT for UC due to be granted jobseeker status rather than retained. However, they do have parents who have lived and worked in the UK for the last six years but they are estranged from them. The mandatory reconsideration was submitted and asked the DWP to explore information held regarding their parents in order to meet the HRT but the reconsideration was not upheld/ they did not do this. I am looking to do an appeal, can anyone offer any advice? Their HB was also recently cancelled for the above reasons.
Many thanks in advance!
What nationality are the parents? Have they worked six years continuously in the UK? Jim
Hi Jim,
Parents are Italian and yes, I believe so, although exact details of employment/time we are unable to retrieve due to the person being estranged.
But the DWP can access details about the parents work from their NI records and using the Kerr argument as discussed in
https://www.rightsnet.org.uk/forums/viewthread/12769/
Whilst it leaves you hostage to fortune;
1. Estranged or not, your client is automatically a dependent family member of his parents until he turns 21.
2. The DWP is obliged to take a co-operative stance in these cases - if you have supplied sufficient detail to allow the parents to be identified (names, dates of birth, current address and, ideally, NINos) it must check its records and those of HMRC to establish whether or not the parents currently have a right to reside and whether they have had a right of residence for a sufficient period to give your client a permanent right to reside.
3. Appeal on that basis, citing Kerr v Department for Social Development [2004] UKHL 23 as confirming the obligations on the DWP to provide this information.
4. Make sure you insist on the information being provided for both parents for the relevant period - he can switch between which parent is the qualified person as necessary to give him the 5 years.
5. Whether either of them is a qualified person currently is just as important until he turns 21, particularly if he cannot get the 5 years for a permanent right to reside. Is he so estranged that the parents cannot be contacted (if need be via another family member) to provide info - particularly where this will have no negative impact on their circumstances?
Many thanks for the information guys, very helpful.
The client can only get the address of their parents but certainly not NINO’s, they are not in contact and I can’t see this changing for the foreseeable future. Will the DWP have to be understanding of this/ can they work with only name/address?
Thanks!
even though estranged, it is likely your client will have their dates of birth.
If you can’t get him either to have permanent residence on the basis of the parents then failing that as pointed out her could be a current family member of workers (ie if one currently working/retaining status).
Failing both of those routes then if he is continuing in education at present he would have a derivative right of residence.
even though estranged, it is likely your client will have their dates of birth.
that doesn’t necessarily follow, ruth. I never knew my mother’s DoB (the year) until she was 50 and she was well annoyed that i found out, and I never knew my Dad’s - TBF, he died young. just because one knows when one’s parent’s birthday is, one doesn’t necessarily know the year of birth
Social Services may have some details