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EUSS question: Certificate of application and benefits post 30 June 2021
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Tenancy Sustainment Team Gloucester City Homes (GCH)
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Hi,
I’ve been looking for guidance to see what happens to a citizen who has put in a valid application to the EUSS (so got the Certificate of Application - COA) but hasn’t received an outcome by 1/07/2021 and is in receipt of benefits. Would the benefits stop? EEA regs 2020 rule 4 state that as long as a valid application has been made the provisions that were preserved under the grace period will continue to be preserved. I haven’t seen any guidance just letters that mention the need for a status. Thank you.
I think they’re OK under regulation 11 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (SI.No.1209/2020) - explanantory memorandum says
Regulation 11 provides that the EEA Regulations continue to apply (with the modifications specified in regulations 5 to 10) for certain purposes connected to the provision of benefits and public services. The effect is that those to whom regulation 3 or 4 applies will retain their current entitlement to benefits and public services, pending the final outcome of an application to the EU Settlement Scheme made by them before the deadline
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Tenancy Sustainment Team Gloucester City Homes (GCH)
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Daphne - 24 May 2021 12:52 PMI think they’re OK under regulation 11 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (SI.No.1209/2020) - explanantory memorandum says
Regulation 11 provides that the EEA Regulations continue to apply (with the modifications specified in regulations 5 to 10) for certain purposes connected to the provision of benefits and public services. The effect is that those to whom regulation 3 or 4 applies will retain their current entitlement to benefits and public services, pending the final outcome of an application to the EU Settlement Scheme made by them before the deadline
yes indeed. Thank you.
Written answer from Baroness Stedman-Scott yesterday also confirms that -
Those who have made an application to the EU Settlement Scheme, but have yet to receive an immigration status before the deadline, will continue to receive benefits as long as they satisfy the entitlement conditions for that benefit.
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Information and advice resources - Age UK
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We put this question forward but they haven’t really answered what we asked - we said what happens to the benefit entitlement of someone who hasn’t applied by 30 June?
Reading between the lines, the implication is they will no longer be entitled but will the DWP proactively be closing claims down? If someone applies after the deadline, I understood from the CPAG seminar that the government believe there can be no further eligibility until any late application has been accepted as having grounds for lateness accepted and then a decision made about Settled Status - where does that leave people in the meantime?
I can’t believe such fundamental questions aren’t being dealt with by DWP and Ministers and it worries me a great deal.
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Tenancy Sustainment Team Gloucester City Homes (GCH)
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Paul_Treloar_AgeUK - 25 May 2021 02:53 PMWe put this question forward but they haven’t really answered what we asked - we said what happens to the benefit entitlement of someone who hasn’t applied by 30 June?
Reading between the lines, the implication is they will no longer be entitled but will the DWP proactively be closing claims down? If someone applies after the deadline, I understood from the CPAG seminar that the government believe there can be no further eligibility until any late application has been accepted as having grounds for lateness accepted and then a decision made about Settled Status - where does that leave people in the meantime?
I can’t believe such fundamental questions aren’t being dealt with by DWP and Ministers and it worries me a great deal.
My understanding is that there is a difference between those who have applied and have got the COA that protects them according to EEA regs 2020 and those who haven’t applied by the deadline and will have to put in a late application. From what I hear at present these ones won’t get any benefits or any support until they actually have the status.
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Newcastle Council Welfare Rights
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There’s this: written answer on 14 June 2021 from Kevin Foster - Parliamentary Under-Secretary (Home Office), which covers those who have applied and refers specifically to the reg that Daphne quotes above.
https://questions-statements.parliament.uk/written-questions/detail/2021-06-14/15264#
“A person who applies by the 30 June 2021 deadline will have their existing rights protected pending the outcome of their application. This is already set out in the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.
From 1 July, they will be able to rely on their Certificate of Application as proof to access their right to work or rent, when verified by the relevant Home Office checking service. This means no-one will be unable to work due to their intime application to the EU Settlement Scheme not having being decided before the deadline for applications.”
The following answer ‘covers’ those who have not yet applied - which I think will be more difficult because they have nothing to show - no ‘Certificate..
Social Security Benefits: EU Nationals
https://www.parallelparliament.co.uk/question/19715/social-security-benefits-eu-nationals
24 Jun 2021
Questioner: Fleur Anderson (LAB - Putney)
Question
To ask the Secretary of State for Work and Pensions, if she will make it her policy to allow EU citizens who miss the deadline to apply for the EU Settlement Scheme to continue to claim benefits.
Answered by Justin Tomlinson
‘Access to benefits for non-UK nationals depends on their immigration status. EEA and Swiss nationals, and their family members, resident in the UK at the end of the transition period need to apply to the EU Settlement Scheme to maintain entitlement to taxpayer funded benefits.
Those currently receiving benefits will not see their payments stop automatically from 1 July. It is, however, important that anyone who hasn’t applied to the EUSS does so quickly, including if the HO contacts them following the deadline, to ensure that benefit payments don’t stop.’
Does anyone have anything more definitive?
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Newcastle Council Welfare Rights
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Just received this email from Home Office - attached
File Attachments
- Home_Office_email_2_July_2021.docx (File Size: 47KB - Downloads: 1450)
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Newcastle Council Welfare Rights
Total Posts: 122
Joined: 22 June 2010
and this from DWP to LA’s - with much more detail about important benefits information for those who have applied for SS or pre SS but not got a decision and (this is new:) those who have not yet applied
File Attachments
- EUSS_letter_update_2021.docx (File Size: 89KB - Downloads: 1432)