Client who appears to be NRPF but is getting UC

Hi All

Client is Congolese and has been living in the UK for about 12 years.
Her ex partner (not married) is British as is her son.
She claimed UC in 2019 and was found to have the right to reside and UC awarded. Decision states that ‘you have applied for further leave to remain in the UK’ and ‘we will need to review this when the Home Office make a decision’
I am assuming she had a right to reside on the basis of Zambrano but I don’t know for sure.
She now has a residence permit dated Feb 22, expires Dec 2024 which states leave to remain and no public funds.
However her UC award is still in payment.
I’m not sure UC should be payable now and, if not, when it should have ended.
I’m happy to be wrong though.
Grateful for views on this.

Harlow,

It will be her Biometric Residence Permit that expires in Dec 2024 as these are being withdrawn and replaced by a system similar to the EU Settlement Scheme view and prove your Immigration status.

She wouldn’t have been getting UC if she was a Zambrano carer as they are not entitled to UC.

You need to check with her lawyer exactly what her current leave to remain is. It may well have been granted through the family route which would have had a NRPF condition on it when first granted. When she separated she may have applied for the NRPF condition to be taken off due to hardship and this was done so she could claim UC. When she reapplied she would have been given LTR with the NRPF condition on it again so needs to apply to have this taken off again if she is still experiencing hardship. You need to check with her lawyer.

Jim