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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC and r2r for claimants with TP under The Social Security (Habitual Residence) Amendment Regulations 2004

AndreaM
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Debt team - Citizens Advice Southwark

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I have quite a few EU national clients who have been in receipt of IS/IB (now ESA) and HB since the 1990s and who would struggle (or fail) to establish a r2r under the post 2004 rules.

Eventually, these clients will be migrated to UC and I wonder what will happen then. (Assuming they have not been asked to leave the country by then)
Will the TP provisions from the 2004 Regulations are or will be extended to UC, like they were eventually extended to ESA? Or is there any other legislation continuing their TP?  Or will they have to pass the r2r test?

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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No plans to extend TP to UC, so will have to pass rtr test (might be worth them getting some immigration advice given their length of residence?).

AndreaM
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Debt team - Citizens Advice Southwark

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Thanks for confirming what I already feared.
I remember that, about 5 years ago, I was trying to get immigration advice for long-term resident EU nationals who could not establish a r2r, and I had no luck at all then, as EU nationals could only apply via the EEA Regs, and not get ILR (or whatever it is called now) through l-t residence.  I wonder whether the AIRE Centre could help at all?

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Don’t think that EU nationals should be excluded from using other UK immigration legislation if EEA Regs don’t apply.  Should ask someone properly qualified to check that but see rule 5 of Immigration Rules and paras 16 and 18 of this Rowland case: http://www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=4913
AIRE Centre might be able to help with such cases.

AndreaM
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Debt team - Citizens Advice Southwark

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Thanks for that.  I will try and contact AIRE Centre to see if they can help this client group, or if they know where I could send them.