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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC ‘incorrectly awarded’ and now withdrawn. Any grounds for appeal

AYoung
forum member

Newcastle Council Welfare Rights Service

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Total Posts: 30

Joined: 6 June 2019

Hi all, Im going round in circles with a case that has landed on my desk and im tying myself in knots with it. Looking for some guidance if possible please.

Client - Nigerian national, moved to the UK early 2021, from Italy. She has a Daughter aged 11 who is an Italian National and a Son aged 12 who is a Nigerian national.. Clients partner/Childrens father is in italy and has not spent any time in the UK.

Client began working in August 2021 and made a claim for UC. This was awarded.

Early 2023 - DWP investigated the claim and decided that it has been incorrectly awarded. On her BRP, there is a remark which says that she has a derivative right to reside under ‘Chen’ (Self Sufficient EEA Child who would have to leave the UK if the parent had to leave the UK). DWP say that as the Daughter is 12 and in education, She cannot be seen to be self sufficient.  DWP say that she has no other right to reside to reside.

Appeal has been made but im struggling to see if there is any prospect of success. I have used the CPAG right to reside tool and it shows that she doesn’t have any right to reside for UC.

She has a Cousin in the UK who is working, but that doesn’t appear to help her case.

Does anybody have any thoughts?

Thanks in advance