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UC HRT and settled status - magic cure?
I would like to think you were right HB Anorak.
Is your understanding for a pragmatic “benefit amnesty” just for those EU Nationals who have arrived before 29th March?
Or does it include those EU Nationals (other than Irish)arriving after 29th March…in the event of a no deal?
Fair play to the govt if its everybody.
If its not…. the problem will of course be deciding….... who has arrived before and after…......
I remember Caroline getting in a terrible pickle trying to clarify…...
I am still yet to come across a case where someone has tried to access benefits solely on the footing of a grant of settled/pre-settled status and would really encourage anyone who has tried this to post or send me a message.
I have a couple of clients who have been advised to apply under the settlement scheme and then make a new claim…..watch this space!
I would like to think you were right HB Anorak.
Is your understanding for a pragmatic “benefit amnesty” just for those EU Nationals who have arrived before 29th March?
Or does it include those EU Nationals (other than Irish)arriving after 29th March…in the event of a no deal?
Fair play to the govt if its everybody.
If its not…. the problem will of course be deciding….... who has arrived before and after…......
In the event of no deal, I think the “amnesty” will apply until such time as the Immigration (EEA) Regs 2016 are revoked and a deadline for settled status applications is announced. Up until then, I believe that new arrivals will continue to have the same rights they have now, including the right to apply for pre-settled status before the deadline.
We should expect that the deadline will be earlier in a no deal scenario, but not immediate. As it stands, s2 of the EU Withdrawal Act 2018 preserves the 2016 Regs unless and until anyone says different.
I am still yet to come across a case where someone has tried to access benefits solely on the footing of a grant of settled/pre-settled status and would really encourage anyone who has tried this to post or send me a message.
We have two Income Support refusals for claims from people with settled status (same decision maker but he says it is on the advice of the HRT DRT in Inverness!). The reasoning is nonsensical and I am just waiting for the first MRN to arrive so we can appeal. Our immigration team were part of the EU settled status pilot at the end of last year so we have quite a few claims in from people who wouldn’t previously have had a qualifying right to reside for benefits.
I get what you are saying HBAnorak .....but the govt has declared it will end Freedom of Movement as soon as possible, in the event of NO Deal.
“Home Secretary Sajid Javid has today (28 January 2019) set out provisions for EU citizens coming to the UK after EU exit in the event of a no deal.
If Britain leaves the EU without agreeing a deal, the government will seek to end free movement as soon as possible and has introduced an Immigration Bill to achieve this. For a transitional period only, EEA citizens and their family members, including Swiss citizens, will still be able to come to the UK for visits, work or study and they will be able to enter the UK as they do now.
However, to stay longer than 3 months they will need to apply for permission and receive European Temporary Leave to Remain, which is valid for a further 3 years.
EU citizens wishing to stay for longer than 3 years will need to make a further application under the new skills-based future immigration system, which will begin from 2021.”
https://www.gov.uk/government/news/government-outlines-no-deal-arrangements-for-eu-citizens
So it seems the intention (if not the practice) is to move swiftly…...
Client refused UC as no Right to Reside despite providing proof of Settled Status.
Applied for an MR on the phone. Decision changed next day: Settled Status
demonstrates a Right to Reside in the UK.
Can we see it please?
Decision as previously summarised reads, including typos:-
X provided evidence in the form on a letter dated 28/01/2019
from the Home Office, which confirmed she has been granted Indefinite Leave
to Remain, Settled Status under the EU Settlement Scheme.
This leave has no time limit of how long she can stay in the UK, however until
31/12/2020 she can also rely on her rights as an EU national.
X has demonstrated she does have a right to reside in the
UK.
She has also demonstrated she is habitually residency
Fantastic - clearly correct and a switched on DM. Hopefully there will be more of these in the pipeline.
Good news.
This is wonderful news. Great to know that there has been a successful case using Settled Status
CPAG have seen this issue come up a couple of times and we have therefore prepared template judicial review pre-action protocol letters which advisers are invited use to challenge the refusal of UC (or Income Support) when claimed by EEA nationals with settled or pre-settled status. They are available here: http://www.cpag.org.uk/content/judicial-review-pre-action-letters.
We would be very grateful if you could let us know if you use these, or any of the other letters, and how the DWP respond (as we can edit the templates to address issues raised by the DWP). The collection is being added to all the time, so please check back if your issue is not covered, or get in touch and we’ll see if we can help on an individual basis.
Please feel contact the CPAG Judicial Review Project at .(JavaScript must be enabled to view this email address) if you have any questions about judicial review, or using the letters.
The Public Law Project has recently had a DWP decision in response to a pre action letter sent for one of our clients using similar arguments to those set out in the draft posted by CPAG for Universal Credit for those with settled or pre settled status under the EU settlement scheme at paragraphs 9-18. The DWP said the following (in an MR response):
“The leave granted under the EU Settlement Scheme confirms that you are lawfully present in the UK but this in itself is not a qualifying right to reside for Universal Credit purposes.”
We think this is wrong, but in our client’s case the DWP has recognised following an MR that she has an EU law right to reside so we won’t be taking this further in this particular case. It seems from other posts as though DWP is taking an inconsistent approach and it doesn’t appear that DWP have issued any clear guidance to decision makers on this point, though we are still trying to get to the bottom of that. We would be interested in hearing about advisers’ experience of these cases.
Therefore this entry on gov.uk is incorrect?
“Your rights with settled or pre-settled status
You’ll be able to:
work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you’re eligible for them
travel in and out of the UK”
https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means
Therefore this entry on gov.uk is incorrect?
“Your rights with settled or pre-settled status
You’ll be able to:work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you’re eligible for them
travel in and out of the UK”https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means
In what respect is it incorrect?
The entry indicates that people with settled/pre-settled status are able to access benefits for which they are eligible. That is virtually a tautology. It does not really assist in understanding what the rules are for accessing individual benefits.