Settled Status and UC?

Stockholm88

Hi there,

I have just been rewarded settled status in the UK after living her for 10 years.
I had a baby 9 months ago and was not entitled no any help whatsoever under UC as I failed my Habitual Residency Test 3 times.

As I now have settled status I know I am eligible for UC but am I just wondering about the process as the people at DWP has hung up the phone twice when calling in as I dont think they know the procedure.

Right now my partner works and claims UC and I am on his claim, but only he gets any money.
Can I now ask to be put on the claim with him and can I claim Stat Mat Pay or is that all incl in UC nowadays?

calcotti

You should be on his UC claim already although no money will be included in the award for you. This is because even though there is no benefit award included for you if you have any income it would be taken into account on the existing claim.
As to how the mechanics of this work, I don't know.
Do you have your own online journal?
DWP need to be informed that you have settled status and the UC award will then be recalculated so that it takes account of you.

SMP is separate from UC but is taken into account as earned income when calculating UC (so the 63% taper is applied). SMP is paid by your employer and, to the best of my knowledge, has no Habitual Residence Test because entitlement arises from your employment.

Stockholm88

Thank you for that.

Thats right, I am on his UC claim already as his partner but obviously not been eligible for any funds. So to your knowledge the only thing that will change is an increase in UC really as I am now eligible so am I right in assuming that it will be the joint claim amount?

I was not working the 12 months leading up to my childs birth so I think maternity pay is out of the question but perhaps maternity allowance but seeing as UC has taken over I am not sure if I would get any.

poppy12345

Stockholm88 wrote: »

I was not working the 12 months leading up to my childs birth so I think maternity pay is out of the question but perhaps maternity allowance but seeing as UC has taken over I am not sure if I would get any.

You need to have worked to claim maternity allowance. Your baby is also 9 months old now.

https://www.gov.uk/maternity-allowance/eligibility

calcotti

Stockholm88 wrote: »

Thats right, I am on his UC claim already as his partner but obviously not been eligible for any funds. So to your knowledge the only thing that will change is an increase in UC really as I am now eligible so am I right in assuming that it will be the joint claim amount?

I believe that is correct. I suggest you post a note on your journal confirming that you have now received settled status and from what date. However as it seems to be very hit and miss how quickly journal entries are read I suggest you also ring the helpline to inform them. I assume you will then have to atttend a JobCentre to show them your status using the online service.

Even if you could claim Maternity Allowance it would be taken fully into account when calculating the UC payable so there would be no financial gain.

tomtom256

I would drop into your local jobcentre and speak with the front of house team, as they should flag it striaght up for a review with a decision maker.

Stockholm88

Thanks a lot.

I have called the UC Case Manager who has now booked me in for a new HRT, which I find strange. She mentioned they might need me to do a full HRT test which I have failed twice in the past, so the outcome is not going to be different in terms of what DWP thinks of me. I have provided them with solid evidence, residency and proof of income for the last 9 years and they still refused me, but thankfully the Home Office didn't.

How do I deal with the HRT now?

tomtom256

Stockholm88 wrote: »

Thanks a lot.

I have called the UC Case Manager who has now booked me in for a new HRT, which I find strange. She mentioned they might need me to do a full HRT test which I have failed twice in the past, so the outcome is not going to be different in terms of what DWP thinks of me. I have provided them with solid evidence, residency and proof of income for the last 9 years and they still refused me, but thankfully the Home Office didn't.

How do I deal with the HRT now?

I presume you now have a letter from the home office or an ID permit showing your settled status, if so just take that along with all your normal ID etc and it should in theory fast track you at the new HRT.

calcotti

tomtom256 wrote: »

I presume you now have a letter from the home office or an ID permit showing your settled status, if so just take that along with all your normal ID etc and it should in theory fast track you at the new HRT.

The Home Office in their wisdom/stupidity/obtuseness (delete as you think appropriate) have decided not to give people with settled status any physical proof of this. They can only prove it by going on line.

https://www.gov.uk/settled-status-eu-citizens-families/after-youve-applied

Viewing and proving your status
The letter you get from the Home Office which confirms your status will include a link to an online service. You can use this service to view and prove your status.

You cannot use the letter itself to prove your status.

OP, I recommend you take the letter you have received with you. You can then access the online service at the JobCentre.

Settled status will mean that you pass the 'right to reside' part of HRT test. The other part is to demonstrate that you are habitually resident which you should be able to do. It is the right to reside part that DWP are likely to have, incorrectly, failed you on previously.