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Forum Home  →  Discussion  →  Residence issues  →  Thread

UC and PIP new claims for someone from Spain

JAS1
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Advice Worker, Gaddum Centre

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Hello,

I always like to double check RTR/HR issues!

Client is carer for mum who is severely disabled. He works full time. Both have Spanish citizenship and came from Spain. He showed me a letter saying his mum has pre settled status since mid March 2019.

Mum wants to claim UC and PIP. Am I right in thinking that she should meet the RTR and HR tests due to being a dependent parent of his? Anything I am missing?

He went to the JC after starting UC claim and they have requested another meeting to look in to the right to remain. He did show the pre settled status letter.

Thanks

[ Edited: 22 Oct 2019 at 12:05 pm by JAS1 ]
Philippa D
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Weymouth & Portland Citizens Advice

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You are right that she should meet the requirements of UC as the dependent parent of an EEA national working in the UK. UC seems to set quite a high evidence bar and so she will have to prove every aspect of this by providing evidence of the relationship, the dependence and the son’s work. Don’t assume that anything is obvious or can be inferred. In my experience, the claim is likely to be rejected unless she can provide evidence of every part of this.

You mentioned UC and PIP together, but the PIP requirements are actually quite different. For PIP, she needs to be present in GB, have been present in GB for at least 104 out of the last 156 weeks and be habitually resident in the Common Travel Area.

JAS1
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Cheers IM. I couldn’t recall the exact details but thought I remembered PIP and UC having different rules.

Have since found out that client’s mother came to the UK in mid February 2018.

So she will not be able to claim PIP until 15/02/2020 (104 weeks after she arrived) then it seems.

EDIT: another thought - if he has to leave work to care for his mum they will both lose their right to claim UC won’t they? He also hasn’t been in the UK long enough to claim CA (not that he could anyway obviously until mother gets PIP)

[ Edited: 22 Oct 2019 at 12:06 pm by JAS1 ]
Martin Williams
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Note that there is an exemption to the past presence test (the “2 years out of 3” rule) if the person is within personal scope of EU Regulation 883/2004 and has a genuine link to the UK. Arguably, the client having moved here with her worker son will be sufficient to give her the genuine link.

See the case of Kavanagh and Mohamed v SSWP [2019] EWCA Civ 272 - https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2019/272.htm

If the mother is refused UC then please consider referring to CPAG - https://www.rightsnet.org.uk/forums/viewthread/14539/ (clearly she has an arguable alternative right of residence to the pre-settled status as discussed above but we would still be interested potentially).

JAS1
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Thanks Martin, that’s good to know.

We will apply for PIP anyway then and see what comes back alongside the UC application.

[ Edited: 23 May 2019 at 03:23 pm by JAS1 ]
JAS1
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Client went with mum to JC today for HRT appointment. It has now gone off to a decision maker. Is this normal? Do all applications from non UK citizens need to go off to a DM first? UC50 has arrived so we will do that in mean time.

JAS1
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Client was turned down for PIP due to residency status (or lack of).

I will refer through to .(JavaScript must be enabled to view this email address)

Will do MR in mean time.

EDIT: Sorry I misread your comment Martin, referral to CPAG was for UC not PIP right?

[ Edited: 16 Jul 2019 at 11:09 am by JAS1 ]