Establishing a new benefit claim after a late EUSS application?

Hi all,

Taking note of circular A10/21, particularly para 12 which states:

‘Where a claimant has received a certificate of application from the Home Office, local authority (LA) Decision Makers should accept that the claimant has submitted a late application which has been verified and validated by the Home Office and treat it the same way as those who submitted an EUSS application before 30 June 2021. These individuals can access HB and other income related benefits until the outcome of their application has been decided or they have exhausted their appeal rights.’

Though I can’t find any other references in general DWP guidance etc. nor the relevant legislation providing for this. I’d be grateful if anyone can point me in the direction of anything further.

I am wondering if a client who has submitted a late application and has a certificate can establish entitlement to UC for the first time or if this guidance is intended to refer to retaining existing claimants’ entitlement?

Hi, I’m not so hot on the legislation but but can tell you in practice that it works for establishing new UC entitlement as long as of course, they’ve got an old style right to reside that’ll put it into payment.

The situation for these people is somewhat awkward because it isn’t dealt with by any domestic legislation. You can only look to the Withdrawal Agreement and DWP guidance - you are looking for ADM Memo 19/21: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1033100/adm19-21.pdf

Broadly people in the situation you describe should be able to claim UC provided that they have now applied to the scheme, were lawfully present in the UK at the end of 2020 and have an EU right of residence when they claim.

The situation where there is a distinction between new claimants and existing claimants is where the person has failed to apply to the EUSS at all. In that case, if they try to make a new claim it will be refused. However if they have an existing claim, the DWP will continue payments at least in the short term on an extra-statutory basis and encourage an EUSS application to be made.

I don’t know if you are registered for the CPAG conference, but if so there is a session dealing with this in more depth which you can access on their website.

Fantastic. Thanks Rebecca and Elliot.

I would suggest ringing cpag for help
but your client is not a PSIC as they have made an EUSS application so to do not require leave so should be able to access benefits if they have a qualifying right to reside - ie usual right to reisde for pre-settled status and if would be eligible for settled status should be able to access benefits in the same way as a british citizen under home office policy - Home Office Guidance: Public Funds Migrant access to public funds, including social housing, homelessness
assistance and social care Version 18.0 (20.8.21)
if you have access to ask cpag this was in one of the workshops for the conference which is where I got this from