6 months pregnant and refused universal credit

Last_chance

Hi,
I need some advice, my partner is a polish woman, has worked fulltime in the uk since June 2014, went on maternity leave July 2018 as pregnant with our first child, maternity leave finished April 2019, decided to not return to work as pregnant again and also to look after child.
Is claiming child benefit for first child, also has pre-settled status since April 2019.
Child was born in uk, partner is a English man in full time employment.
Made a claim for universal credit in April 2019, that was refused as said not habitually resident in the uk and have no right to reside, went to citizen advice who concluded she is entilted to claim, did the mandatory reconsideration told them about the pre-settled status, child benefit etc and after 2 months of waiting they have refused again stating same reasons.
Now my partner is 6 months pregnant, and is also looking after our 10 month old daughter and has had no money since April only the child benefit.
We know she could do the independent tribunal but that could 6 months,
Is there anything else she can do, it just seem right to me, is there anyone here who give some advice.

Thanks in advance

calcotti

Presettled status will not help her with benefits. She needs to get settled status (if she qualifies) - this will give her right to reside.

https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means

https://www.citizensadvice.org.uk/immigration/staying-in-the-uk-after-brexit/staying-in-the-uk-after-brexit/
“You must have settled status to claim some benefits like Universal Credit, ...”

As a couple you have to make a joint UC claim. If she is disallowed your award is calculated as if you were single. If she were included on the claim it would only add £181 to the monthly entitlement.

Last_chance

That makes sense, so she needs to re-apply for settled status as she has been here more than 5 years now, whereas the when she applied before she hadn't .

We did claim as a couple as that's what you have to do now but I don't think I will be awarded anything as I'm in full time employment.

Thankyou so much for your help.

Lanzarote1938

Last_chance wrote: »

Hi,
I need some advice, my partner is a polish woman, has worked fulltime in the uk since June 2014, went on maternity leave July 2018 as pregnant with our first child, maternity leave finished April 2019, decided to not return to work as pregnant again and also to look after child.
Is claiming child benefit for first child, also has pre-settled status since April 2019.
Child was born in uk, partner is a English man in full time employment.
Made a claim for universal credit in April 2019, that was refused as said not habitually resident in the uk and have no right to reside, went to citizen advice who concluded she is entilted to claim, did the mandatory reconsideration told them about the pre-settled status, child benefit etc and after 2 months of waiting they have refused again stating same reasons.
Now my partner is 6 months pregnant, and is also looking after our 10 month old daughter and has had no money since April only the child benefit.
We know she could do the independent tribunal but that could 6 months,
Is there anything else she can do, it just seem right to me, is there anyone here who give some advice.

Thanks in advance

I would think you are expected to support her and your children.
Perhaps you should make the UC claim and see if you are entitled to any top up payments.

calcotti

Last_chance wrote: »

That makes sense, so she needs to re-apply for settled status as she has been here more than 5 years now, whereas the when she applied before she hadn't .

We did claim as a couple as that's what you have to do now but I don't think I will be awarded anything as I'm in full time employment.

Thankyou so much for your help.

That depends on how much you earn. As I said having her counted will only add £181 to the underlying entitlement (difference between single person standard allowance and couple standard allowance).

Your maximum entitlement will be standard allowance plus child elements for two children plus housing element (if you rent). Some of your earnings will be ignored (the Work Allowance) and a deduction of 63% of the remainder will be made.

https://www.entitledto.co.uk/help/Calculating-Universal-Credit

You can use a benefit calculator to test what you might get https://www.entitledto.co.uk/

Last_chance

Lanzarote1938 wrote: »

I would think you are expected to support her and your children.
Perhaps you should make the UC claim and see if you are entitled to any top up payments.

I do support her and my children Thankyou,
Rent, council tax, gas + electric, water, household bills, food, milk, clothes, nappy etc etc

I'm only asking for advice as our joint income has gone down by half of what it used to be, we,ve not claimed benefits before