I need help with universal credit claim - HRT (EEA national)

Alice_Holt

Felixstone wrote: »

So in terms of proving her work history (in order to show that she's a qualified person), there's nothing I can do. If the NI record doesn't show it fully, I have no chance.

That's a very defeatist attitude.

If you start the appeal with that mindset, and don't try to find documentary evidence of 5 years continuous working by your mother (which you assert she has), then your UC appeal will not succeed.

Is she receiving an occupational pension? Would a letter to her pension providers show a 5 year working period.
Can she not write to her former employers to confirm start and end dates.
SAR to HMRC to obtain P60's.
Etc, etc.

You tell us the DWP "seem to think that her work history is insufficient to make her a qualified person, which is untrue". To overturn the DWP decision, you and your mother will need to produce evidence to the tribunal to show it is true.

"I'm hoping that there are some magic words that I can say to them that will get them to understand that they're applying the rules badly......."
There are no "magic words". You will need to apply some intelligent thought and perseverance to this process to be successful at tribunal. You need to put documentary proof before the DWP / Tribunal to show that your mother has permanent R t R.

Are you sure you don't have 5 qualifying years?
Are you aware of the time limits for submitting a SSCS1?
Have you completed the SSSCS1, and on what grounds?

Alice_Holt

/I don't wish to sound alarmist, but
What happens when your mother can no longer support you?

If you've been in the UK for 24 years (post education) and can't evidence 5 years continuous working, job-seeking and gainful self-employment then it's not only UC that will be problematic.

Have you considered what will happen when you reach retirement age?

Without 10 years NI contributions you won't receive a State Pension.

Eligibility for Pension Credit (like UC) is reliant on a R t R and Habitual Residence test :-
"Pension Credit is decided by how much income you have (including your savings and the value of any property you own) as well as your age. You can still be working, but you do have to be living in the UK.
If you’re not a UK or Irish national you’ll need to show you have a right to reside.
Unlike the State Pension, you don’t need a national insurance record."

https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/pension-credit/before-you-claim-pension-credit/check-if-you-can-get-pension-credit/


Are you aware of the time limits for submitting a SSCS1?
Have you now completed the SSSCS1, and on what grounds?
Why are you reluctant to respond to / engage with the suggestions I have put to you?

Felixstone

I have old passports from my mother, as well as my own, as evidence that she is my mother (since I can't provide a birth certificate). On her passports it has my name (first name only) and date of birth. I can provide these.

I have also been advised to call the council that I lived in when I was younger and living with her, and ask for something in writing to confirm that we both lived at the same address. This is also as evidence that she's my mother. I have emailed them and I'm waiting for a response.

Also I've been told that it would be a good idea to request her work history. I can do this.

I am over 21 years old, and this means that I would have to show dependency on my mother, financially or otherwise. Since I have been having so many problems with this claim for universal credit, my mother has been giving me money for rent, council tax, and living expenses (except for when I have been working, self employed).

However she has given me the money in cash, so I can't provide evidence. I was hoping that if I write a letter on her behalf and she signs it (because her english would be insufficient for this), stating that she has been supporting me financially for the last few months, will this be accepted? I have called UC but they haven't been helpful.

I have been given conflicting information regarding all this. When I have asked UC, one person tells me that's all fine, another tells me that passports would be insufficient, or that a letter saying that she's been supporting me is insufficient.

I'm stuck and confused.