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PIP and EU National
Hi
I have a client who we are supporting to claim PIP and UC. He’s a Dutch national with only Dutch nationality who moved to the UK to work in June 2001.
We phoned the claim line up for PIP and told him being Dutch, along with his other details (NI No etc) and no issues with his nationality was raised. He’s now received a letter stating that they need to see his passport to prove his residency in the UK.
Unfortunately, his passport ran out several years ago and he has no other documents proving his residency. I spoke to PIP Enquiry Line (most unhelpful call I think I’ve been on!!) who had no idea what I was talking about and insisted I now ring up the Home Office for documents.
Am I wasting my time phoning the Home Office? Do we need to apply to the EU Settlement Scheme before even thinking about applying for PIP?
He had his UC ID appointment and again no issues were raised at that point regarding his nationality.
Thanks
Adam
I suspect this will be the first of many similar cases.
Obviously yes, needs to get an application for settled status launched asap. In the meantime, his immediate problem is that without some kind of evidence that he had an old-style EEA right to reside as of 31 December 2020, he has become a “person subject to immigration control” under s115(9) of the Immigration and Asylum Act 1999. That is because the Act is amended from 1/1/21 to enable an EEA national to be a PSIC for the first time, unless transitional protection applies; associated amendments to SI 2000/636 also come into force at the same time. The way I read it, EEA nationals who fall within the definition in s115(9) are now excluded from PIP.
There is transitional protection for:
- people who had R2R on 31/12/20 and are still within the deadline to apply for settled status
- people who had R2R on 31/12/20 and who have an application for settled status pending
In addition, people who have pre-settled status fall outside the definition of PSIC because their limited leave does not have a condition prohibiting access to public funds.
Your client therefore needs to show that he had a right to reside on 31/12/20 (presumably a permanent right of residence resulting from at least five years’ work) and/or get at least pre-settled status as quickly as possible.
The next six months are going to be horrendously complicated for people who are elig9ible for but have not applied for settled or pre-settled status.
And it’s a good job this is only PIP, which has no “right to reside” requirement. For benefits with an R2R requirement, there are further permutations.
Thank you for the information.
I’ll cover all basis’ by phoning the Home Office, obtain work documents and also put in application for EUSS - The latter of which will be made a bit more complicated/long-winded with him not having a current passport.
At this stage, is it still worth pursing PIP or should I wait until we have EUSS confirmed (I obviously don’t want to make myself or the client do more work which would be pointless)?
Thanks
Adam
put in application for EUSS - The latter of which will be made a bit more complicated/long-winded with him not having a current passport.
It would be a criminal offence for you to do this unless you are OISC registered.
At this stage, is it still worth pursing PIP or should I wait until we have EUSS confirmed (I obviously don’t want to make myself or the client do more work which would be pointless)?
Thanks
Adam
Depends how realistic you think it is to evidence a permanent R2R, or any R2R for that matter, as of 31/12/20. Also needs PIP claim handlers to understand the rules - they are not accustomed to EEA right to reside issues because PIP doesn’t require a right to reside. But R2R is now significant because some people need it in order to remain exempt from being a PSIC!