Deportation Order

Hi,

If an EEA National is subject to a Deportation Order (DO) and they appeal this and win, should any benefit claims made during the period they were subjected to the DO, or ended because of the DO, be reinstated/allowed and backdated?

Jim

Is it not the case that the person should have been entitled to HB until there is enforced removal from the UK?

Jim

Mr Jim - 25 June 2021 08:52 AM

Is it not the case that the person should have been entitled to HB until there is enforced removal from the UK?

Jim

HB would stop once a deportation order is issued even prior to enforcement.

Once a deportation order is issued the person loses any right to reside they might have. See r23 (9) EEA Regs 2016 read in conjunction with r23(6)(b)

https://www.legislation.gov.uk/uksi/2016/1052/regulation/23

Thank you. If they appeal and win the appeal does this entitle them to benefits to cover the period they were stopped.

Jim

The way I understand r34 EEA Regs 2016 is that when the deportation order is revoked, the previous RtR does not revive rather the RtR would be reinstated from the date of revocation, hence, no potential entitlement to HB for the past period of disentitlement.

https://www.legislation.gov.uk/uksi/2016/1052/regulation/34/made

Thanks very much for this bens.

Jim