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Long delay in getting Settled Status and resultant loss of UC

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Help to claim adviser - Citizens Advice Exeter

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Total Posts: 27

Joined: 4 August 2011

Hi, just looking for best way forward for the following client who has lost out substantially due to delays processing their EU Settled Status application (now granted and UC claim finally accepted).

We applied for UC and to the EU SS scheme with client back at the beginning of November. Client declared some minor convictions. Then we waited…and waited…and started to chase. We were told that there was something ‘outstanding’ on the police national computer. Then followed a lot of work and backward and forwarding with the police and resolution centre.  All clear said the police. Not clear said the resolution centre. And so on. Complaint and letter to MP and finally sorted 2 weeks ago.

Seems that there was a mix up of some sort with records/dates.

So now client is OK but has lost out on 3 assessment periods worth.of UC. We did MR the previous HRT decisions (it was the third claim that got accepted) but I don’t see that we really have grounds to challenge if SS wasn’t actually granted then. Any ideas if this client has a way of recovering their loss? Would we be looking to pursue a complaint against EU SS delays or.somehow persuade DWP that in this case they would have had status earlier if not for error in system? Or is it just a case of writing it off as an unavoidable loss?

Thanks again all.

HB Anorak
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Benefits consultant/trainer -, East London

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Total Posts: 2297

Joined: 12 March 2013

Leave to remain only exists when it is granted so I cannot see any mileage in getting DWP to accept that the client would have been entitled to settled status sooner if there hadn’t been a delay.  That means the only way to get UC awarded from an earlier date is to establish a right to reside in some other capacity if that is possible.

Otherwise I think you would have to look at a complaint against whichever department delayed unreasonably.