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UC HRT and settled status - magic cure?

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Elliot Kent
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mycatismo - 17 April 2019 11:33 AM

Just wondering if anyone has been granted UC on the basis of pre-settled status - and if so, would they be allowed to stay on or have their UC claim closed??? Or is this a pretty unlikely scenario considering the difficulties those with settled status have had getting accepted as eligible?

The regs are effective from 07/05/19. There is no transitional provision. The effect of the regs is that someone who only has a right to reside under pre-settled status cannot be treated as habitually resident for these benefits and therefore is not entitled anymore.

This means that claimants who are currently getting UC on pre-settled status only will cease to be entitled on 07/05/19 unless they have some other right to reside.

     
Allan Ramsay
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Hello

We have a client who was granted settled status on 25.02.19.  She claimed UC on 13.03.19 and this was refused 09.04.19.  We did a mandatory reconsideration and provided evidence of settled status but this was refused as follows…

- Under the EU settlement scheme you do have a right for indefinite leave to remain (ILR) in the UK from 25.02.19, however, you do not have a right to claim Universal Credit.  This is referred to as settled status. -

Has anyone had any success having decisions overturned at this stage to prevent going to a Tribunal?  For example, using escalation routes?

Thanks

Allan

     
Elliot Kent
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Allan Ramsay - 01 May 2019 01:33 PM

Hello

We have a client who was granted settled status on 25.02.19.  She claimed UC on 13.03.19 and this was refused 09.04.19.  We did a mandatory reconsideration and provided evidence of settled status but this was refused as follows…

- Under the EU settlement scheme you do have a right for indefinite leave to remain (ILR) in the UK from 25.02.19, however, you do not have a right to claim Universal Credit.  This is referred to as settled status. -

Has anyone had any success having decisions overturned at this stage to prevent going to a Tribunal?  For example, using escalation routes?

Thanks

Allan

http://www.cpag.org.uk/content/judicial-review-pre-action-letters

about halfway down the page

     
Peter Turville
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Allan Ramsay - 01 May 2019 01:33 PM

Hello

We have a client who was granted settled status on 25.02.19.  She claimed UC on 13.03.19 and this was refused 09.04.19.  We did a mandatory reconsideration and provided evidence of settled status but this was refused as follows…

- Under the EU settlement scheme you do have a right for indefinite leave to remain (ILR) in the UK from 25.02.19, however, you do not have a right to claim Universal Credit.  This is referred to as settled status. -

Has anyone had any success having decisions overturned at this stage to prevent going to a Tribunal?  For example, using escalation routes?

Thanks

Allan

We have cases where client was refused UC on initial ‘natural migration’ claim. Subsequently obtained ILR under the scheme (which is also referred to as settled status in the HO letter) and DWP have awarded UC on that basis on subsequent UC claim once ILR confirmed under the scheme. However DWP have still not revised the appeals against the original decisions!

Yet another illustration of the inconsistent decision making of R2R by DWP!

     
RichardEngles
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The CPAG pre-action letter is effective. The DWP’s solicitor contacts you quite quickly and the decision is revised.

     
Jess Strode
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I’m glad to hear the letter is working!

There is also a new CPAG template to use for pre-settled status after the 6th of May: http://www.cpag.org.uk/content/judicial-review-pre-action-letters

If you have clients with pre-settled who are refused benefits after this date, please get in touch as CPAG may be looking to take on a test case: .(JavaScript must be enabled to view this email address).

The letters are being updated frequently (and my funding depends on numbers of downloads) so please download the letters each time you use them if possible.

Thanks, Jessica

     
Allan Ramsay
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Many thanks for all of the replies.

Letter sent….

     
Martin Williams
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Elliot Kent - 17 April 2019 12:48 PM
mycatismo - 17 April 2019 11:33 AM

Just wondering if anyone has been granted UC on the basis of pre-settled status - and if so, would they be allowed to stay on or have their UC claim closed??? Or is this a pretty unlikely scenario considering the difficulties those with settled status have had getting accepted as eligible?

The regs are effective from 07/05/19. There is no transitional provision. The effect of the regs is that someone who only has a right to reside under pre-settled status cannot be treated as habitually resident for these benefits and therefore is not entitled anymore.

This means that claimants who are currently getting UC on pre-settled status only will cease to be entitled on 07/05/19 unless they have some other right to reside.

Just to drive home the point which is made in the updated pre-action letter Jess refers to:

we don’t think these regulations can lawfully achieve that objective for those with pre-settled status.

Please do get in touch with cases.

Martin.

      [ Edited: 2 May 2019 at 02:33 pm by Martin Williams ]
Daphne
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New DWP guidance for housing benefit staff confirms that those with settled status have a right to reside…

And those with pre-settled status can satisfy right to reside through normal legislation…

 

     

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Charles
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Daphne, do you by any chance have circular A6/2019? The most recent one on gov.uk is A5/2019.

     
Daphne
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Yes - it’s not terribly interesting which is why we haven’t done a story on it…

     

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Charles
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Yes, I see that! Thanks.

     
Daphne
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Just become aware of this guidance which confirms you can use your NIno to provide evidence of UK residence for EUSS as automated check will be done -

If you use your National Insurance number to help confirm your UK residence in your application, we carry out an automated check of UK tax and some benefits records to help confirm your UK residence. This check is against records held by Her Majesty’s Revenue and Customs (HMRC) and the Department for Work and Pensions (DWP).

Most applicants who provide their National Insurance number do not need to provide any further evidence of their UK residence. If you agree with the result of the automated check, we will not ask you for any further evidence of your UK residence.

     
Paul_Treloar_AgeUK
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Public Law Project has put together very useful briefing on SIs affecting the entitlements of those with pre-settled status, see attached.

     

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Jo_Smith
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It appears that those who are granted settled status still may struggle- but not because their status is misunderstood but because it comes as a “print your own letter” format.
My client, EEA national, 20 years in UK, studying and working, went to a Jobcentre 7 weeks ago for his HRT interview. Said he has a settled status, demonstrated how to login to the Home Office website and showed the confirmation message, with his photo and details.
Jobcentre adviser refused to accept it. Anyone can design a website that looks like this and create a letter- she said (because client also had a printout ). She insisted on client showing her a stamp in his passport…..
HRT failed. UC refused. 7 weeks after submitting MR he is still waiting, had to miss few job interviews because he has no money to travel. UC helpline adviser told him to put the note in his Journal. But the Journal is closed because UC was refused.
Complaint submitted, partnership manager informed, but seriously this is a mess on a bigger scale.

Settled Status does not come in any other format that I am aware off apart from a confirmation you can access online. There is a facility to email this to an employer but as evidence for public funds this is a bit pants, it appears.