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Destitute Domestic Violence

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Joined: 12 December 2017

I may be confusing myself here but I am not entirely clear whether this would apply to an EU national, the particular cl has pre settled status but has never worked in the UK and now, as a (well documented) victim of DV is without money. UC have refused the claim and we may yet appeal it but I was wondering if the DV concession might tide them over.
Apologies if this is obvious but the DDV form says not to use it if you are using the EU route

Elliot Kent
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The concession is a means to have the NRPF condition removed from your visa. As an EU national with pre-settled status does not have an NRPF condition on their visa, it isn’t clear to me that they could use the concession.

i.e. People with NRPF are excluded from benefits because the Home Office says they are. It’s within the gift of the Home Office to remove that condition and there is no further impediment to claiming. People with pre-settled status are excluded from benefits because the benefit regulations say so. It doesn’t matter what the Home Office do or say, the benefit regulations will still exclude them.

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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As Elliot says the domestic violence concession will not apply.
Go back to whether she has a right to reside - family member, carer of kids of worker, spouse of worker etc, you know the usual routes.
If no joy there, appeal and be stayed on the settled status grounds.
Also look for support from LA as a destitute vulnerable person - guidance on this is available here https://www.nrpfnetwork.org.uk/