Settled status and UC clarification needed

calcotti

_shel wrote: »

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?

As per my post at #2 settled status automatically passes the right to reside part of the HRT. Claimant still has to be habitually resident in order to pass HRT, which OP appears be so they should pass.

sheramber

UK citizens returning to live in the UK after some living abroad for some time need to pass the HRT to claim benefit.

https://www.citizensadvice.org.uk/benefits/british-and-irish-citizens-claiming-benefits/

confused3333

I have not been in and out of the country, never worked abroad, never claimed any benefits abroad and btw have found the letter dating 2015 with confirmation on passing HRT test where i had do do the same test and passed with no issues( handed it in at DWP together with all other evidence), haven't been out of the country since then, so what makes me fail it this time as nothing changed apart for me getting more ties to UK( bought a house, have a mortgage)... weird stuff and the staff at jobcentre admitting that they don't understand this either as thers so many legistlations that they get confused and kinda lost within the process... still confused but hopefully third time lucky, if not - then will have to take it upstairs and let professionals deal with it in forms of appeals and ombudsman services.

calcotti

sheramber wrote: »

UK citizens returning to live in the UK after some living abroad for some time need to pass the HRT to claim benefit.

https://www.citizensadvice.org.uk/benefits/british-and-irish-citizens-claiming-benefits/

Although true this is not relevant to the OP as they stated in the opening post they have been in the UK since 2005.

Alice_Holt

xylophone wrote: »

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?

Partially answered by the OP in a later post "the staff at jobcentre admitting that they don't understand this either as there's so many legislations that they get confused and kinda lost within the process.".

Benefits legislation is complex, DWP training is abysmal, staff have large workloads and have to cope with very badly designed computer systems.
In the last 10 years successive DWP politicians have attempted to create a hostile environment for claimants encompassing sanctions, and departing DWP staff have alleged that managers expect them to reach certain numbers of sanctions, etc.
DWP call handlers are time monitored, have targets for calls answered and don't have to time to give complete and accurate information.
UC letters and the information given on journals is often confused and incomprehensible to the claimant. Often these fail to comply with legal obligations to notify claimants of their legal rights.

Some decision makers (DM) work can be truly appalling - over 70% of PIP appeals are successful at appeal having been refused by a first DM and subsequently at MR stage by another DM.
There are so many appeals that the wait for a tribunal hearing can be 9 to 12 months (sometimes my Macmillan colleagues find the claimant has died before their hearing date).

There appears to be no feedback between the Tribunal Service, the DWP DM, and the ATOS, Capita, etc healthcare assessors. So, a claimant may experience successive (and multiple) DWP renewal decisions ending their benefit. They then have these decisions overturned by a tribunal panel (only for the DWP to again refuse the claim on renewal a few years later)....etc....etc.

When I first volunteered at my local CAB over 12 years back, the DWP telephone staff could be very helpful and tried their best to resolve the client's problem. Now, the call handlers act more as gatekeepers, and are often unable to give any useful help or information (and that's after a 45 min wait on the phone) .

tomtom256

xylophone wrote: »

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?

Because they have to follow a HRT ALP (tick sheet) and it tells you the outcome, you are not allowed to think for yourself.

sheramber

seems it is a common complaint

https://www.rightsnet.org.uk/forums/viewthread/14028/P30/

FBaby

Could the issue now be nothing to with ILR but the fact that you lost a job. We're you sacked? If so was it gross misconduct or was as a result of redundancy? If sacked for GM, I believe you might not be entitled to claim for a while.

xylophone

Could the issue now be nothing to with ILR but the fact that you lost a job. We're you sacked? If so was it gross misconduct or was as a result of redundancy?

OP says in his first post

Have lost my job in December 2018 due to having to relocate. Couldn't find any job in my new area

FBaby

I assume the reason for relocating will then be considered or can you just pack your job, move somewhere else because you like it better, and then claim benefits?