Help with my situation, not eligible for any benefits.

OhWow

Tammykitty wrote: »

Not sure how your non settled status will affect this, but I think new mothers might have a right to reside

There is no "have a baby in another EEA county qualified person" under the EEA Regulations. Those who are working in another EEA country and then leave work to have their baby, come under retained worker rights, but only for a short time and only if they meet those exact requirements.



What the OP is telling us seems to differ in her threads. That is why it would be easier if she read the link I gave in post 13, to the guide for Home Office staff, as it explains it all in there.



If Universal Credit are wrong, she can then explain to them why their dates are wrong. However, as it seems she hasn't been working in the UK for quite a while, it could be that UC are correct. Which would be why UC then looked to see if she was a jobseeker qualified person (for the jobseeker benefit only under UC) and she isn't that either.


I can't work out why this wasn't put in as a joint claim anyway as she lives with the baby's father. Unless this is something to do with the link in post 12?

Tammykitty

OhWow wrote: »

There is no "have a baby in another EEA county qualified person" under the EEA Regulations. Those who are working in another EEA country and then leave work to have their baby, come under retained worker rights, but only for a short time and only if they meet those exact requirements.



What the OP is telling us seems to differ in her threads. That is why it would be easier if she read the link I gave in post 13, to the guide for Home Office staff, as it explains it all in there.



If Universal Credit are wrong, she can then explain to them why theri dates are wrong. However, as it seems she hasn't been working in the UK for quite a while, it could be that UC are correct.. Which would be why then then looked to see if she was a jobseeker qualified person, and she isn't that either.

According to maternity action
Women on maternity leave
Women on maternity leave are still employed so have the right to reside as a worker when claiming benefits. A woman who has stopped work temporarily because of pregnancy or childbirth may be able to claim benefits as a ‘retained worker’ (see Income Support below) or as a self-employed person. In 2015 the UK Upper Tribunal decided that a reasonable period for a woman to have the right to reside during pregnancy and following childbirth should be 52 weeks. If you are refused benefits because you are not considered to have the right to reside because you have given up work because of pregnancy or childbirth, you should seek advice from the organisations below.


OP - when was the last time you worked in the UK and for how long?

thriftylass

Hi there,

as others have said, make a claim in his name as you can't since you failed the habitual residency test. Even if you if you hadn't, your partner might still simply earn too much and is meant to support you. What is a basic income. Could he earn more, change jobs, get a second job?

To pass the habitual residency test you need to either be "conducting business, working or looking for work, being a student, or having sufficient resources to be self-supporting". Neither of which you are. And I guess having big gaps in your employment/NI contributions in the last ten years don't help just now. Could you just get a supermarket job on the weekends or at night to be working, bring in extra pennies and full fill the test criteria?

Additionally, have a look around the forum for budgeting etc as even on one wage living at home with the parents even in expensive London you should think about starting to save for a deposit etc.

Alice_Holt

Tammykitty wrote: »

According to maternity action
Women on maternity leave
Women on maternity leave are still employed so have the right to reside as a worker when claiming benefits. A woman who has stopped work temporarily because of pregnancy or childbirth may be able to claim benefits as a ‘retained worker’ (see Income Support below) or as a self-employed person. In 2015 the UK Upper Tribunal decided that a reasonable period for a woman to have the right to reside during pregnancy and following childbirth should be 52 weeks. If you are refused benefits because you are not considered to have the right to reside because you have given up work because of pregnancy or childbirth, you should seek advice from the organisations below.


OP - when was the last time you worked in the UK and for how long?

To be entitled to retain worker status the claimant needed to be in gainful employment and left this employment in the late stages of pregnancy. Additionally there needs to be the intention to return to work. As OhWow said all the exact requirements need to be met for retained worker status.

Unfortunately the OP is not answering the questions we are putting to her (such as OhWow's as to who the CB is being paid to).
OP did you leave work in the late stages of pregnancy?
Neither does the OP seem to want to help herself by getting accredited advice on this complicated issue of whether she has retained her worker status and can therefore challenge the DWP decision. She appears to have given up because her tel call was not returned. That could be a costly mistake since benefit decision challenges are time limited.

The info she has given here is insufficient - she needs to take a history of her time in the UK and particularly her employment / job seeking details to her local CAB / advice centre.
Failing that, and to pass the HR rest, she needs to find gainful employment or explore a settled status application.

Perhaps she would also tell us why her partner has not looked into any UC entitlement. He could make a claim.
It would also be helpful to know if the UC claim she made was as a couple, (and fully disclosed the household circumstances) or a single claim for herself.