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UC HRT and settled status - magic cure?

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HB Anorak
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Anyone can build a website but spoofing a .Gov.uk domain takes a but more effort, right?

Jo_Smith
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Citizens Advice Hillingdon

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I now have 4 clients who have been granted settled status and whose UC claims were refused due to failing HRT. The local JC+  refuse to accept the self-printed letters, seemingly unaware of their own guidance of how to verify the authenticity.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800793/adm9-19.pdf para 6

After submitting MRs, clients submit new claims. The new claims are closed because “if there is no change in circumstances the previous reasons for closure will stand if the claim is made within the linking period of 6 months.”

Vicious.

Elliot Kent
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Shelter

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Jo_Smith - 05 June 2019 05:59 PM

I now have 4 clients who have been granted settled status and whose UC claims were refused due to failing HRT. The local JC+  refuse to accept the self-printed letters, seemingly unaware of their own guidance of how to verify the authenticity.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800793/adm9-19.pdf para 6

This is bonkers unlawful and needs to be challenged. Speak to Jess at the JR project - details above.

I think this also needs to be raised at high levels in both DWP and the Home Office. The Home Affairs Select Committee still has an open inquiry into Settled Status and I think it needs to be made known to the Home Office if you have evidence that DWP are not accepting their documents as legitimate. May also be worth raising with some people with a public profile on this sort of thing e.g. the Free Movement blog and Professor Charlotte O’Brien.

Happy to help if I can at all.

Jo_Smith - 05 June 2019 05:59 PM

After submitting MRs, clients submit new claims. The new claims are closed because “if there is no change in circumstances the previous reasons for closure will stand if the claim is made within the linking period of 6 months.”

Yes, I have heard this - although in the case I saw, there was a quite substantial change of circumstances in that the claimant had started work. Also pretty unlawful. I think probably a step to try and cope with the workload. I don’t think I would be advising new claims in these cases without a change though because of the havoc that plays with trying to get arrears paid.

 

Jo_Smith
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Thanks Elliot, I have PM’ed you.

On matter of closing claims/submitting new claims carousel: my tactic is to advise clients to put in a new claim and straight away bang in a message in the Journal addressing the HRT issue (or whatever else caused the refusal, but 9 out of 10 it is the HRT),  spelling out that MR has been submitted in regards to the previous claims.
I know, it is naive and overly optimistic, but i have had some success with it. Depends on the Decision Maker, I guess.
As for the backdate; I know the trouble it can play with the backdate but my thinking is: with MR’s taking f o r e v e r and 99% rejection rate, I am choosing the lesser evil and at least giving client a chance, a hope of the new claim working out.

Also, wanted to run a mini-poll, in order to see whether my clients troubles with settled status letters are a local or national issue with JC+ (because my experience is around JC+ training needs).
Can you give me a quick:
- yes (if you have had instances of EUSS letters being refused by JC+ as supporting evidence) or
- no (if your clients had no issues, EUSS accepted, uploaded, passed on to DMs at Service Centres, all works at it should)

Admin: if you think this poll should be posted separately please feel free to set it up. Thank you.

shawn mach
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rightsnet.org.uk

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Jo_Smith - 06 June 2019 09:17 AM

....Admin: if you think this poll should be posted separately please feel free to set it up. Thank you.

Hi Jo .... you can start a poll by creating a new thread .. you should then see an option to ‘Add a poll to this topic’

Cheers - Shawn

Stuart
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House of Commons Library briefing on EU settlement scheme provides an overview on issues including effect of deal or no-deal, why it’s needed, conditions for entitlement and applications process.

Mr Jim
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Can the DWP not check someone’s settled status online - the way employers are supposed to be able to do. Or is this not available yet?

If it is available - then the Kerr principles.

EmmaK
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Citizens Advice, Rotherham

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Jess Strode - 02 May 2019 10:45 AM

I’m glad to hear the letter is working!

There is also a new CPAG template to use for pre-settled status after the 6th of May: http://www.cpag.org.uk/content/judicial-review-pre-action-letters

If you have clients with pre-settled who are refused benefits after this date, please get in touch as CPAG may be looking to take on a test case: .(JavaScript must be enabled to view this email address).

The letters are being updated frequently (and my funding depends on numbers of downloads) so please download the letters each time you use them if possible.

Thanks, Jessica


Thanks Jess.  I’ve just used one of your templates to challenge a 10 week delay to MR decision and client has now had HRT decision overturned.  This happened within a week of sending the letter so great result for client who has had no income for 3 months and dealing with many related issues.  Next issue is the fact that she has made 3 separate UC applications - she has received back dated pay from the date of the first to the date of the second application.  Her payments are also active going forward but there is a gap from the date of the second application to the third that I’m still trying to sort out.  I see this is a problem for others too. 

I’ve also just had a successful outcome for a client who was refused UC in January but then applied for and was granted settled status.  He applied again for UC and was successful.  We appealed the first decision and sent a copy of the papers to DWP legal enqs with a cover letter (it was clear the refusal was wrong in the first place and client had overwhelming evidence to support that he already had PR).  His MR has now been reviewed again and he has been awarded backdated payment to the date of first application.

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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That’s great! I have also prepared a template specifically for delays caused by HRT decision making which will be available soon, please keep an eye on the webpage: http://www.cpag.org.uk/content/judicial-review-pre-action-letters.

I am very grateful for all feedback on how the letters are working, feel free to email me at .(JavaScript must be enabled to view this email address)

Thanks , Jess

Daphne
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Debate in the House of Lords yesterday highlights a problmet with the app that people use to convert their pre-settled status into settle status - Baroness willimans of Trafford says -

I am aware of the problem and we intend that from the end of July, it will be possible for people with pre-settled status to apply online to convert it to settled status as soon as they become eligible.

Daphne
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Mr Jim - 07 June 2019 02:43 PM

Can the DWP not check someone’s settled status online - the way employers are supposed to be able to do. Or is this not available yet?

If it is available - then the Kerr principles.

Apparently the Home Office has rejected a select committee recommendation and reiterated its continued opposition to issuing physical status documents to EU citizens granted settled status in the UK.

Home Office holds firm on digital-only status for EU Settlement Scheme

sakhtar
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Welfare Rights, Govanhill Housing Association, Glasgow

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I don’t know if this is similar to the mixed households situation earlier in the thread, but I have a german national who has been here for around 15 years, failed HRT twice for UC, got settled status and has reapplied for UC.  We are awaiting the decision for this - he also has a wife who joined him last year and is a Pakistani national.  She has just received a decision to say she has failed the HRT - is this correct?  I for some reason assumed once he had settled status she would be fine too as she is an EEA family member but I don’t know if it works like that with settled status?

Glenys
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Unfortunately a family member can’t “piggy back” on the rights of the EEA national relative’s settled status, as they can under the right to reside family membership rules.

They have to apply for settled status as family member of an EEA national, in their own right.

JojoMitchell
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Disability Law Service, London

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Hope someone can point me in the right direction.  I have a 19 yo (receives PIP) who has failed the HRT for UC.  His mother who he lives with is his appointee and she receives ESA, PIP, HB/CTR.  The 19 yo was born here doesn’t have British nationality, he is Portuguese and Australian.  The mother tried to apply for EU settlement status for her son under her own EU settlement (which she was advised was the best way for a child under 21), the Home Office is still to confirm his status and has been told that it could take 6 months. 

What can they do regarding his UC?

Thanks!

Glenys
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Hi JoJo.
As the Mum is an EEA national he might qualify as her family member, but only if she is a “qualifying person” ie has a right to reside (other than a derivative right).
Is she in work or retains worker status (did she leave work through incapacity?)or has permanent residence status or is self-sufficient?