Failed habitual test

AnnaRenes

I have a settled status now!! I spoke to the Citizen Advice back then and they told me to ask for a mandatory reconsideration, which tooks months and from what they have seen I should have not been refused benefits.

I got my status, but it took a very long time.

They have given me an appointment that they require more evidence
Settle status letter, even though I have shown it to them ONLINE as the email is not the proof, but the email was shown too
any medical certificates
and 3 months bank statement.


I want to fight them as I still believe that they have wrongly refused to help me and I am in a position that I am in because of them.

OhWow

calcotti wrote: »

OP has already said that they now have settled status.

And now they can have UK benefits, but they were asking this

AnnaRenes wrote: »

Anyway I am looking for advice if I can get my claim backdated and if there is anything else that I can be done because I ended up homeless because of the situation.

OhWow

AnnaRenes wrote: »

I have a settled status now!!

What date was your Settled Status granted?


You can ask to see of they made a mistake when you were trying to use EU Free Movement rules for UK benefits.

OhWow

You still haven't said if you are an non-EEA citizen and applied for an EU Family Permit to come to the UK as an Extended Family Member. If you are, the EU have different rules for you, compared to EEA citizens.

AnnaRenes

I am Polish. I never came here to join my family. My settled status was granted on the 10th of December.

I just want them to backdate my payments as they have wrongly refused my claim back in May leaving me homeless and with no income whatsoever.


Please bring Bank Statements for last 3 months Please bring any medical certificates you have Please bring EU settlement letter. When I log in to my journal it says
Entitlement to Universal Credit approved
but I still have to bring further evidence and they made another appointment for me

To-do
Attend your further evidence appointment
You need to bring in more evidence to support your claim.
Please bring Bank Statements for last 3 months Please bring any medical certificates you have Please bring EU settlement letter


I have already shown them my settlment status online plus showed the letter. the letter is not a proof anyway!! Can't people how incompetent people can be.

As I have mentioned before I have never really had to really on the system and been here for almost 8 years and only claimed for 3 months in the past. It makes me really upset that when I really needed that help I was refused access and got myself into debt and now staying in a homeless hostel! It has been very traumatic for me and I need somebody to help me. Was in a really bad place mentally and visited emergency departments on number of occasions last year and this year. When I finished my job in January I kept looking for work despite my depression. I was hopeful to get something. I still had interviews but no luck so is not like I was just sittign at home doing nothing. then in March I had to report crime to the Police that have left me traumatised and very isolated.

AnnaRenes

I am a Polish citizen, I never came here to join my family, however my sister moved here about 14 years ago. I have been granted the status on the 10th of December. As I have mentioned before I have never really had to rely on the system and since being here for almost 8 years I only claimed benefits for 3 months maximum. Unfortunately I have been going through a tough time and needed some financial help from them. They refused my 2 claims, wrongly which has left me homeless, sofa surfing and I have now been put in a homeless hostel. It has been awful and very difficult to deal with

When I go into my journal now it says "Entitlement to Universal Credit approved
", however they have given me another appointment
You need to bring in more evidence to support your claim.

Please bring Bank Statements for last 3 months Please bring any medical certificates you have Please bring EU settlement letter


I have already showen them my status online, and the letter as well, but the letter in not the PROOF.
going to see my GP next week as no appointments left.

It is very upsetting that even though I have been given the status I am still getting discriminated. I beg somebody to help me and to get the money backated as I am in debt now and my mental health is through the roof,


Many thanks.

TELLIT01

I understand how difficult things have been, but absolute proof of entitlement is required before any payment can be made. It would seem that Settled Status was granted on 10th December and therefore it is unlikely that you will be entitled to anything from before that date. I may be wrong.

Alice_Holt

TELLIT01 wrote: »

It would seem that Settled Status was granted on 10th December and therefore it is unlikely that you will be entitled to anything from before that date. I may be wrong.

There are ways in which an EEA citizens can pass the UC habitual residence and the R to R test other than through settled status:
https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/
I think I detailed this @ post 5

I don't think the OP hasn't given much info to establish if one of these does apply.
If she wants to establish if she can appeal the earlier decision, she needs to take her details and a history of her working life in the UK to an advice agency.

OP if you are intending to appeal the earlier decision - I repeat:
Go to your local Citizens Advice and get help with your appeal.
https://www.citizensadvice.org.uk/scotland/

Also Shelter Scotland
0808 800 4444 (Monday to Friday, 9am to 5pm)
https://scotland.shelter.org.uk/about_us/local_services?referral=contact_us

Did you seek any advice when homeless?
If you did, what advice was given?


Have you thought about applying for PIP because of your illness?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

AnnaRenes

I tried to call the citizen advice many times and no answer.

It is impossible for me to get refused and then for somebody who has been a lot less and hardly worked to get the entiltment.

AnnaRenes

I have been put in a hostel by the council.