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Forum Home  →  Discussion  →  Residence issues  →  Thread

UC HRT and settled status - magic cure?

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HB Anorak
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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.

     
Rich
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Elliot Kent - 15 March 2019 01:57 PM
Rich - 15 March 2019 01:11 PM

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.


I see your point- i had interpreted it as meaning it would circumvent RTR and move on to general conditions of entitlement

      [ Edited: 15 Mar 2019 at 02:17 pm by Rich ]
MartinB
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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 ]
Elliot Kent
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I don’t know where that quote is from Martin.

     
JPCHC
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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).”

     
Cordelia
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Next question - how does having settled status affect family members?  I’ve just been asked about a situation where a lady is currently a worker, and her elderly mother has been accepted as a dependent and been awarded Pension Credit.  The daughter has also got settled status.
Mum has only been in the UK for a few months, and has not applied for settled or pre-settled status.
Daughter is considering giving up work (she has young children and an unmarried partner who is working).  If she does, then where would that lead mum’s right to reside?
Thanks in advance for any advice.

     
Elliot Kent
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Cordelia - 29 March 2019 12:34 PM

Next question - how does having settled status affect family members?

It doesn’t.

     
Vonny
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Not enough information to be sure, but if the daughter has settled status, this would mean she has been here 5 years, if she was ‘residing legally’ as a ‘qualified person’ for those 5 years she could have a permanent right to reside and that will give her mum a right to reside.

     
HB Anorak
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I don’t think settled status is a particularly powerful piece of evidence in support of 5 years’ qualifying residence for an EEA permanent right of residence.

     
Elliot Kent
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Yes, you are just in ordinary territory. If daughter is a permanent resident (independently of having settled status) or has some other status which she can lend to her dependent mum, then mum has a right to reside.

Of course, if mum had pre-settled status, then to my mind that would qualify her for pension credit in her own right without the need for any enquiries about her family situation at all.

But you couldn’t possibly tell her about that given the position that the OISC is taking…

     
Cordelia
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This is why I love Rightsnet.

I had completely overlooked the possibility of daughter having a permanent right to reside - assuming she has this then mum will continue to have a right to reside even if daughter leaves work.

And applying for pre-settled status is also worth exploring.

All I need now is a way for mum to get AA despite her Polish pension…...

Thank you all.

     
Ros
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Updated guidance for caseworkers on EU Settlement Scheme including new section, dated 1 April 2019, on suitability requirements -

https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance

     
Stuart
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Written statement today includes details of arrangements for continuation of family reunification rules and settlement scheme eligibility for family members of returning UK nationals in event of a no deal.

     
Jo_Smith
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I need a little bit of a practical advice; my client and his partner both failed HRT when applying for UC. They are both EEA nationals. They do not satisfy “qualifying person” criteria- none of them apply, and they cannot derive from anyone relevant.

They came to UK in 2006 and have claimed JSA/HB in rotation with short periods of work, working last in 2010. Last JSA claim terminated in November 2018 when client called that he is going abroad for holidays, which lasted 2 weeks. So apart from this being strange- on return they were advised to claim UC.

When they claimed UC they were neither workers, self-emp, retained worker status, students, jobseekers, etc etc.

They have submitted MR on 29.01.19 and haven’t heard since from UC. 

They intend to apply for settled status; if they are successful, should they go back to their UC account and make a new claim or add this new piece of evidence (settled status decision) to the existing MR? They were not “settled” at the time UC decision was made though… but the backdate would be nice.

Should I also explore strange termination of their JSA or this is a dead dodo, as UC claim was made since?

      [ Edited: 10 Apr 2019 at 02:34 pm by Jo_Smith ]
Timothy Seaside
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You say they didn’t have any right of residence when they claimed UC, but if they were getting JSA until November (and haven’t worked since 2010), what was that based on?

I would want to know more about why JSA stopped, especially if there’s any gap between the end of JSA and the UC claim.

If they came to the UK in 2006 and worked until 2010, it’s entirely possible that they could have a permanent right of residence - although from what you are saying, it would probably rely on periods of retaining worker status during involuntary unemployment.

But if, as you say, they have no right of residence, what is their MR for?

If I were them I would definitely be getting on with the settled status application (especially now it’s free) and get a new UC claim in.