New resource for advisers: pre-settled status and benefits post-Fratila

Hello all,

We just wanted to let you know that at the EU Rights & Brexit Hub we have just launched a new resource for advisers.

We have been getting a lot of queries from organisations supporting people with pre-settled status seeking to appeal adverse benefit decisions.

There are a number of Withdrawal Agreements that it is possible to make, but it is a complicated and intimidating area. We have put the arguments together (along with the help from CPAG and the3million) in a skeleton template argument, available here:

https://www.eurightshub.york.ac.uk/project-news/pre-settled-status-and-access-to-benefits-template

Please do feel free to use/adapt/excerpt.

And please do get in touch if you would like second tier support on cases on this issue, or on other issues affecting EU/EEA nationals accessing benefits (or other public services): .(JavaScript must be enabled to view this email address)

Charlotte

Charlotte highlighting that Court of Appeal is due to hear appeal of SSWP v AT - https://www.rightsnet.org.uk/welfare-rights/caselaw/item/before-refusing-universal-credit-on-a-right-to-reside-ground-to-a-claimant-with-pre-settled-status-secretary-of-state-must-be-satisfied-that-refusal-would-not-prevent-them-living-in-dignity - on 8-10 March.

More info: https://www.eurightshub.york.ac.uk/blog/qol2xenw5pbuowcdu5tz3vrp5zpezu

This rather curious case tracker entry suggests that AT has been listed for another day’s hearing in October?
https://casetracker.justice.gov.uk/getDetail.do?case_id=CA-2023-000085

I don’t know if anyone more clued up on this has any idea if that’s right?

Our understanding (from Martin at CPAG I believe) is that it is correct

Thanks Daphne; raising the spectre of not having a CoA decision before 2024 then I suppose.