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DWP not accepting Home Office issued Permanent Residence certificate
Has anyone experienced the DWP refusing to accept the Home Office issued permanent residence certificate as proof of entitlement? I assumed she’d budge once she spoke to her ‘Appeals Specialist’ but has come back and said they still don’t accept that this is sufficient for entitlement, going so far as to suggest it could have been issued in error! I have pointed them to their own internal guidance which says they “may” accept it but all they’ve said is that it means they can but don’t have to.
It does strike me as slightly absurd but the permanent residence certificate is a declatory object and it doesn’t, in and of itself, confer any rights. As such, I would assume DWP could take the position that your client still needs to demonstrate their right to reside in order to claim the benefit(s) affected.
It does strike me as slightly absurd but the permanent residence certificate is a declatory object and it doesn’t, in and of itself, confer any rights. As such, I would assume DWP could take the position that your client still needs to demonstrate their right to reside in order to claim the benefit(s) affected.
Saying that, they would still need to demonstrate why the will not accept the document, have they explained why?
Other than the, they “may accept” such documents, stance? They would need to explain this to a tribunal.
There was a UT case a few months ago in which DWP “went behind” a permanent residence card because on the facts all parties were agreed he shouldn’t really have had one. But there would have to be some compelling evidence suggesting the permanent card was not correctly issued in order to take that view: the UT decision does not give a green light to subject holders of permanent residence cards to the same level of verification as if they had no card at all. There has to be some point in applying for one, albeit it is of declaratory effect.
All these points are made in http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4913
There was a UT case a few months ago in which DWP “went behind” a permanent residence card because on the facts all parties were agreed he shouldn’t really have had one. But there would have to be some compelling evidence suggesting the permanent card was not correctly issued in order to take that view: the UT decision does not give a green light to subject holders of permanent residence cards to the same level of verification as if they had no card at all. There has to be some point in applying for one, albeit it is of declaratory effect.
All these points are made in http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4913
That’s fantastic, thanks Peter.