Failed habitual test

AnnaRenes

I have been put in a hostel by the council.

pmlindyloo

I know you feel that you have been badly treated but you have now been accepted for Universal Credit so that is good. It is impossible to comment on 'other people' because we don't know their circumstances. Also, I feel, that it not good for your health to think about others and feel hard done by. It is time to put a plan in place.

1. First take the documents that the DWP has asked for so that your Universal Credit can begin. Ask for an advance payment - you will have to pay this back over the next year but it will give you some money.

2. It seems that your MR has been refused. You now need to go for an appeal. You are going to need help with this as it is very complicated. You may also need help to explain why you have not appealed before. So,

3. Use CAB for the appeal. If not,

4. Try your new MP.

5. Once you have been awarded UC then you will need help with your debts and your housing situation.

6. Again you can use CAB or Stepchange (for your debts)

7. Are you getting help with finding somewhere to live?

8. Are you getting help from a doctor for your health problems?

Alice_Holt

AnnaRenes wrote: »

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

I would suggest you need to go in person with your work history in the UK.

Citizens Advice is a charity staffed mainly by volunteers. They have much greater demand for their services than resources.

You need to be both patient and persistent, it is very likely that they (or Shelter) will be able to help you, but this could take a couple of appointments,
When you are there, you could ask about PIP.
Do you think you could be eligible for this additional benefit?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

Please follow the steps set out by pmlindyloo.
As she says appealing a R to R UC decision is complicated, do try to get the help to improve your position, maximise your benefits, and deal with your debts.

AnnaRenes

They have only given me the mandaory reconsideration last month so I still have the time to appeal although not long left. Well it looks like it has been granted but they are still requiring for further evidence. I am going to try to go to a drop in next week to the advice shop. Thank you guys.

The thing is, my mental health would have been so bad if I wasn't in this situation. Well the waiting list for a permament home it is very long. I am in Edinburgh and could be up to 16 months,

AnnaRenes

I just had a meeting with them.
I was meant to jisy

AnnaRenes

I just had a meeting with them. I was meant to just to bring my bank statements and settle status proof. Sat down and the guy is telling me that we have to do a FULL HTR and he has never done it before and got his colleague in. Baring in mind that my claim has already been approved. According to citizens advice u don't have to pass the test if u have a settled status.

calcotti

The full HTR is proving a right to reside and that you are habitually resident. The settled status gives you a right to reside. It should be relatively straightforward to demonstrate that you are habitually resident.


DWP UC are making a mess out of the HTRs.

AnnaRenes

Thank you. He kept arguing with me

Alice_Holt

AnnaRenes wrote: »

According to citizens advice u don't have to pass the test if u have a settled status.

Correct (as calcotti has posted).

"If you have settled status, you automatically have a right to reside."
https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-get-benefits-if-youre-from-the-eu/

"Settled status gives full right to reside, so you don't need to evidence right to reside under any other status to be entitled to benefits"
https://www.turn2us.org.uk/Benefit-guides/Right-to-Reside/Settled-Status-Scheme

But you do need to demonstrate habitual residence

Also as calcotti has indicated the DWP frequently get R to R / habitual residence wrong. Which is why you need to persevere and get advice (preferably from a benefits specialist):
Go to your local Citizens Advice.
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

Settled status is to the simpler end of R to R and UC, if your local Jobcentre staff can't even get that bit right - you really need someone fighting your corner,
Please go to your local Citizens Advice.
https://www.citizensadvice.org.uk/scotland/
or Shelter Scotland
0808 800 4444 (Monday to Friday, 9am to 5pm)
https://scotland.shelter.org.uk/about_us/local_services?referral=contact_us
(see posts 2 [back in August],3,5,14,16,28,39,43,44)

AnnaRenes

Hi,

I am back again.
So I have made a new claim in November and my claim has been approved and I got an advanced payment.
I was meant to hear back on the 13th of January how much I was going to get paid and was meant to be getting my payment.

I called them to check what was going on and to make sure that I was going to get paid this time. Apparently my workcoach hasn't send all the evidences required and they got in touch with him and it was all meant to be resolved. To my surprise I got an email today( a day before my first offical payment)
Saying that my payment has stopped. I gave them a call and they were going on about the HRT test and saying that looks like I may not be entitled to benefits (Universal Credit)

I was asked to provide my bank statements before and the settled status which I did.
They never asked for any further evidence and gave him any warning before stopping my claim.

According to Citizens Advice

"Passing the habitual residence test
Proving your right to reside is part of a test you might need to pass to claim benefits in the UK, including Universal Credit. This is called the ‘habitual residence test’. To pass this test, you’ll need to show you’ve made the UK your home and plan to stay here.

You don’t need to pass the habitual residence test if you have:

settled status
certain types of right to reside - for example, if you’re working or self-employed
"

DWP advice

"Settled Status – Indefinite Leave to Remain
7 Where a claimant has been granted ILR i.e. Settled Status under the EUSS, they will
satisfy the right to reside element of the Habitual Residence Test for the purposes of
claiming UC.
Note: It is not necessary for DMs to apply the Imm (EEA) Regs 2016 where the
claimant has been granted ILR, as the claimant does not need a qualifying right to
reside. "

I am really confused and exhausted. Trust me, I really don't want to be on benefits, but right now that is what I need. I am staying in a supported accomodation. I am going to see a business afvisor next week to talk about a potentially being self employed and was meant to sign up for a New Enterprise Allowance. I am just trying to get back on my feet and needed this financial support. I can't stop crying and shaking. Please advise.

I have told them that I want to hear back from the case worker by tomorrow the latest and for him to give me a written explanation.

Please good people ,somebody help me