Settled status and UC clarification needed

confused3333

Hello
I'm EU national, been living and working in UK since 2005. Have lost my job in December 2018 due to having to relocate. Couldn't find any job in my new area and decided to apply for help with Universal Credit in March 2019. Went to commitments meeting and been appointed to do Habitual Residency Test, which i failed(at first i had no knowledge on what it's all about), having read on various help websites, i got an opinion that getting Settled status would bypass the need of taking Habitual Residency Test at DWP. Guess i was wrong as got my Settled Status shortly after applying for it that includes ILR. Applied for Universal Credit again beeing confident it would all go smoothly this time - haha what a joke. People at jobcentre seemed to be confused and as they were opening new claim, they couldn't find anything in the system to fastrack my claim on Settled status basis. So had to be apointed for HRT test again, which i took in being confident that Settled status with ILR all i needed for them to make a quick decission. And again i failed that test even brought in p45's, Mortgage agreement, council tax bill. At this point i phoned them and asked to fill in Mandatory Reconsideration for me on the basis that i have Settled status. In meantime applied for contribution based JSA and got turned down two weeks later saying that i did not pay enough NI contributions. So now i applied for UC for third time and have been appointed to take HRT test again tomorrow. This time im gonna bring in the full bag of paperwork dating since my arrival, including wage slips, bank statements. Any help would be appreciated as i feel like bouncing off the brick wall when i contact DWP, they dont answer questions straight forward, all they say is to look at the legistlations online when asked if Settled Status should bypass the HRT test even i have been in UK since 2005 without any gaps, been always either Self-Emplyed or Employed and paid all taxes. What else do i need to prove to them? Thanks

calcotti

If you have settled status (as distinct from pre-settled status) that should be sufficient to prove right to reside. See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800793/adm9-19.pdf. See paragraph 7.
J
You still have to be habitually resident in fact - which you are. The DWP do not have grounds to refuse your claim due to HRT.

I suggest you take a copy of this memo with you.

confused3333

Thanks for that, gonna print it off and take it in tomorrow, will post updates too

tomtom256

Have you not got a letter from the home office showing the date your status began?

If so you should be a fast track HRT and automatically pass.

What have they stated on your letter as the reason for failing the HRT?

confused3333

I have the letter and showed it at Comitments meeting, they just looked at it, also logged in where you can show it online, they also looked at it but somehow suggested that they don't know much and system won't let them bypass HRT as the only options for them to do it are 1. Claimant has British passport 2. Claimant is refugee 3. Claimant has Blue Residency card. They don't have an option otherwise. They still suggesting that maybe Settled status is not enough, so basically no straight answer.


Regarding the answer, they said that they have decided that i'm Jobseeker. For Universal Credit purposes you have a right to reside as a qualified person as defined in Immigration Regulations 2016 but that right is excluded for the purposes of awarding Universal Credit. This means that you are the person who must be treated as not in Great Britain...

tomtom256

Thats wrong, you should be classed as an EEA - Settled Status or similar, can't remember the exact one, as there are several to choose.

A Jobseeker would be correct without a settled status, but if you have a letter confirming status from the home office you will be an EEA - Settled Status for HRT from the date of the letter and should be entitled to UC.

Alice_Holt

As tomtom (and calcotti) says with settled status you should be able to access UC.

https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-have-the-right-to-reside/

The DWP are giving you incorrect info.

calcotti

OP, as you seem to be getting nowhere with DWP you may wish to contact your local MP for assistance.

xylophone

The DWP are giving you incorrect info.

Can anybody explain to me why the members of staff (presumably permanent, trained staff) are unable to interpret the rules or seek guidance from a technical expert if they can't?

confused3333

Just handed in all documents at the meeting, memos etc. When said that i should be fastracked with settled status, their reply was 'there are more parts to HRT, not just to prove that i can reside here, but also there is benefits side'. No straight answer still... gonna wait for the decission, fingers crossed!

[Deleted User]

Why does settled status automatically pass the HRT? I thought there was more to it than being legally settled or even a citizen?
If someone is in and out of the country I thought that could 'fail' them for instance?