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EU Nationals and Universal Credit
Please I need some help.
I have a client who is an EU national and has got Pre settlement statues.She has lived in the country for over 2 years and she is 64.
Her son was living with her but move to a different city for work.
I put in a UC application and the claim has been declined on the basis she dis not pass the habitual test.
Here son is a Romanian. He does not have Pre nor settled statue yet but he is working full time.
Please any tips on how her MR could be handled.
Sorry but I’m afraid there isn’t really much to go off here.
UC requires the claimant to have a right to reside, however pre-settled status is specifically ignored for this purpose so isn’t relevant (subject to a Court of Appeal case which is still to be heard). You will need to figure out if your client has any sort of EU based right to reside. This will usually relate to your client’s work history or that of certain family members.
There is further information on the relevant considerations in the CPAG book or ideally in the Benefits for Migrants book.