UC for EU national

I don’t deal with residency issues so I just need some quick guidance.

I have a couple who have been denied UC as they haven’t passed the HRT.

The couple and their 2 children have lived here for 6 years.

Father worked for the first 18 months he was here, then had an accident at work. Unable to work since. Has settled status. Was paying NI.

Partner has worked casually. Never paid NI due to low income. Not much details in the way of employment. Has pre-settled status.

Should they be entitled to UC?

Help greatly appreciated.

The father has settled status. That’s sufficient for an entitlement. That should cover UC at the single persons rate plus the various elements which should keep them going.

The partner is more complicated. If they are married or have the durable partner documents, she can possibly derive status from the father as a retained worker. If the children are in school, then possibly she can have derivative rights. Otherwise, its a case of looking at her work history - particularly what her last job was and what it paid, why and when it ended and what she has been doing since then.

Thanks Elliot. That’s a great help.