Housing Systems: Combating poverty and sustaining tenancies.
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Frequently Asked Questions
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A: They can only claim HB as an EEA National if they have been granted Settled Status or Pre-Settled Status AND a qualifying Right to Reside for benefit purposes.
The only exception is those who made an application to the EUSS in time ie on or before 30th June 2021 and are still awaiting the outcome - often referred to as a 'pending application'.
These EEA Nationals can make a new claim for HB as long as they have a current qualifying 'Right to Reside' for benefit purposes AND had a Right to Reside on 31st December 2020 too.
If they made a late application to the EU Settlement Scheme ie on or after 1st July 2021 then they cannot make a new claim for HB until they have been granted Settled Status.
So whether the DWP's decision is correct or not will depend on when they made their application to the EUSS - and if they have a 'pending' application whether or not tthey had a Right to Reside on 31st December 2020, and whether they also now meet the qualifying 'Right to Reside' rules.


A: Unless she has a qualifying Right to Reside for benefit purposes she will not be able to receive HB. So she needs to be granted Settled Status.
If she had been living in the UK 5 years when she made her initial application to the EUSS then she can request a review of her Pre-Settled Status. It could be that she did not supply sufficient evidence of her continuous residence. If there have been periods when she wasn't been working or claiming benefits the DWP and HMRC won’t be able to use their own records so she’ll need to find utility bills, bank statements, GP or dentist letter, Council Tax bill, tenancy agreement with proof of rent paid…anything that shows she was in the UK in the missing period/s.
If she had not been living in the UK for 5 years when she made her initial application to the EUSS but now has then she can re-apply to the EUSS - this time to have her pre-Settled Status converted to Settled Status.
BUT until the decision that she has Settled Status is given she will not be entitled to HB. So it worth double checking whether or not she has a current qualifying Right to Reside for benefit purposes - if she does, she could make a new claim for HB straight away and she could also request a Mandatory Reconsideration of the DWP's decision to refuse her initial HB claim.


A: This is incorrect.

Settled Status gives the holder Indefinite Leave to Remain in the UK and as such they can claim HB in the same way as a British citizen without any further restrictions.

The claimant should submit a Mandatory Reconsideration, and it is also worth informing the Job Centre Team leader/Partnership Manager as this could well be a training issue.


A: To be a 'pending application' she must have been living in the UK by 31st December 2020 and made her application to the EUSS by 30th June 2020. To be entitled to UC whilst awaiting the outcome of her EUSS application she must have a current 'qualifying' Right to Reside for benefit purposes and have had a Right to Reside on 31st December 2020.
If she does not have a current qualifying Right to Reside for benefit purposes, or did not have one on 31st December 2020 then - even though she may be granted Settled Status - she is not currently entitled to HB and therefore cannot get an Advance Payment.

She needs to have attended her Habitual Residence Test and pass it before she can get an Advance. But any claim for HB she makes before the decision to award her Settled Status will be refused.
She should double check to see if she has a qualifying Right to Reside for benefit purposes and if she had one on the 31st December 2020 - if she does, she could make a new claim for HB straight away and also request a Mandatory Reconsideration of the decision to refuse her HB on the claim she's recently made.


A: Unlike the qualifying Right to Reside for benefit rules, family members cannot 'piggyback' their EEA National relative's Settled or Pre-Settled Status. All EEA Nationals and their family members must apply in their own right.
If mum has been living in the UK by 31st December 2020 she will need to make a lare application to the EUSS and show good reason why she did not apply in time.
If mum is a 'joining family member' - she came to the UK on or after 1st January with a EUSS Family Permit - then she needs to apply to the EUSS within 3 months of coming to the UK and before her EUSS Family permit runs out otherwise she will not have the correct 'permission' to remain in the UK.






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