UC HRT and settled status - magic cure?
Doesn’t it just mean people with settled status are subject to the normal entitlement conditions that apply to everyone? I think it is saying “your immigration status as an EU national with settled/pre-settled status will not prevent you from getting benefits, but obviously only if you qualify for them under the same rules as British citizens”.
To give you an example, a question I have been asked countless times over the years concerns a full time student from an EEA country who has a right to reside through, say, part time work. The question goes like this: do we have to pay him/her HB because s/he has a right to reside, even though a British full time student wouldn’t qualify?”
The answer of course is no, having a right to reside doesn’t stop you being excluded from HB as a full time student. I think that is the point that the gov.uk info is trying to convey.
I have still seen nothing to make me think the government has any intention of extending the list of non-qualifying residence rights (jobseekers, Zambrano carers, initial three months) to include either indefinite or limited leave under Appendix EU.
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”
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.
[ Edited: 15 Mar 2019 at 02:17 pm by Rich ]
I see your point- i had interpreted it as meaning it would circumvent RTR and move on to general conditions of entitlement
Under the WA there will be no change to healthcare, pension or other social assistance rights.
Department for Work and Pensions (DWP) will continue to apply the habitual residence test under the WA.
The assistance above is different to the issue of lawful residence. The EU Settlement Scheme/Settled Status Scheme only deals with the issue of lawful residence.
Is that it Elliot?[ Edited: 19 Mar 2019 at 11:34 am by MartinB ]
I don’t know where that quote is from Martin.
I’ve just had a reconsideration decision back from Inverness DRT (the second MR!) where they’ve accepted settled status as a qualifying right to reside, without attempting to conjure up an alternative right to reside.
It reads: “This letter confirms that you have been granted Indefinite Leave to Remain in the UK. This means that you have a right to reside in the UK that qualifies for a claim to Income Support from 31/12/18 (this is the date that your settled status was issued by the Home Office).”