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Lost Passport no capacity and UC refused.
Our client has no capacity and has lost all proof of identification. She has been in the UK since 1986 and has worked and studied in the UK throughout this time. Unfortunately we do not have proof of this. She did have a British passport but it has been lost. Request for information to the Home Office have been made for information e.g. the passport number but they have not provided any supporting information.
A claim for UC was made but refused as the DWP stated “She has failed to show that she has a right to reside
in Great Britain and therefore is not treated as habitually resident in GB at UC date of claim. She is treated as a Person Subject to Immigration Control and has no recourse to public funds.”
She is originally from India.
Any ideas on the best way to challenge this decision.
Thank you.
The passport itself is not a critical document. What is needed is to prove that she has British nationality or some other right to reside on the balance of probabilities.
If she is a naturalised British citizen, then my understanding is that she ought to be able to obtain a copy certificate from the Home Office. Apparently there is a fee to pay if it is your fault that you lost it, but it seems difficult to understand how someone without capacity could be assessed as being at fault.
https://www.gov.uk/get-replacement-citizenship-certificate
If that is not an option, then she can put forward a circumstantial case, for example by reference to her national insurance records, GP records etc. and show that these are consistent with the history she is giving. Also if the DWP have previously obtained proof of her nationality in relation to e.g. a PIP or ESA claim, that evidence ought to be considered by the DWP in light of the Kerr principles. Subject access requests to DWP, GP, Home Office, HMRC and whomever else might help.
Hi Elliot
thank you I will give a go and see how we get on.
Thanks.
This might be of assistance.
https://www.gov.uk/employee-immigration-employment-status
Our local MPs have been told by the home office that DWP should check peoples’ right to work using this facility.