Universal Credit - Advice.

JohnCD95

Good evening.
I recently did a Universal Credit Calculator on the Internet using a website provided from the UK Government Website.

The calculator said that if we applied for universal credit we would get on average £114 a week rather than the current £43 a week (Child Tax + Child Benefit).

However my Wife is originally from Hungary (EU Country).
Would this prevent us from getting UC? As the website states it COULD.

Is there anyone with the same experience as me who is already claiming UC?

About me:
I am a full time Bus Driver.
I get around £1400 a month.
One Child with my wife, Child is currently 2 years old.
One baby on the way.
Married since last July.

calcotti

In making a comparison you should ignore Child Benefit because this would not change.

For UC you would have a personal allowance of £498.89/month. At the moment you would have a child element of £277.08/month (assuming your child was born before 6th April 2017). This makes a maximum of £775.97/month. You have a Work Allowance of £503, thisamount of your earnings is ignored so only £897 is taken into account. 63% of this is deducted (£565.11) leaving a payment of £210.86/month. This is equivalent to £48.66/week.

When your second child is born your monthly payment would increase by £231.67/month. If you stay on Tax Credits they would also rise but I’m not sure by how much.

Above calculation assumes you are not renting your home. If you are renting any Housing Benefit you currently get would end, your maximum UC entitlement will be higher but your Work Allowance will be reduced. The actual amount of UC you would get would depend on how much help with rent you are allowed.

How long has your wife been in the UK?

JohnCD95

Thank you for the reply.

My wife has been in the UK since 2008.

tacpot12

Has your wife applied for Settled Status? If not, she should do so immediately. This will ensure that she has a right to reside in the UK and can claim Universal Credit.

She can probably claim even if she doesn't have Settled Status, but having Settled Status will ensure that there is no suggestion that she doesn't have a right to reside in the UK.

JohnCD95

I have downloaded the EU Exit app and I am going to get her to do it.

calcotti

tacpot12 wrote: »

Has your wife applied for Settled Status? If not, she should do so immediately. This will ensure that she has a right to reside in the UK and can claim Universal Credit.

She can probably claim even if she doesn't have Settled Status, but having Settled Status will ensure that there is no suggestion that she doesn't have a right to reside in the UK.

Agreed. That was the reason behind my question. Getting Settled Status should make life much easier.

JohnCD95

Had our Job Centre appointments, my wife has been declined UC.
She provided evidence that she has resided here since 2011 (she came here in 2008 but was a teenager). 2011 She started work and has worked until 2017 when she gave birth.

Been told she also may face deportation after Brexit.
On what grounds? Lol.
They couldn't even tell us.

They told us to get a residency card, which I will get it's only £65. I thought this was for people outside the EU.
Apparently doing the "settlement status scheme" does not mean you can stay.
Are Job Centre talking rubbish or is the Gov giving wrong info?

calcotti

Did she apply for settled status as previously recommended. If she gets it she has a right to reside and is entitled to UC.

You are correct, a residence card is for people from outside the EEA.

JohnCD95

calcotti wrote: »

Did she apply for settled status as previously recommended. If she gets it she has a right to reside and is entitled to UC.

You are correct, a residence card is for people from outside the EEA.

Hi yes she did apply for settled status. Job centre said that was no good! No proof that she has been here for X amount of years.

We provided as much evidence as we could. Wage slips, P45's, Education, Previous Addresses etc. However those higher above (I believe the HRT) declined her application to UC. Now stating she "needs a resident card".. However as stated above the Gov websites says those outside the EEA need a resident card. So that should not apply to her.

Our local job centre said we are the first people to have been rejected at that job centre.
They were surprised because we are married, I am British and we have a child.


EDIT:
They also said after Brexit she could face deportation... The only way to "possibly prevent this it to apply and purchase the Resident Card" lol.
I don't think anyone really knows what they are talking about!

Overview
You do not need to apply for a residence card to prove you can live in the UK unless you’re both:

from outside the European Economic Area (EEA) or Switzerland
an extended family member of someone from the EEA or Switzerland
If you already have a residence card it will not be valid after 31 December 2020.

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. You and your family can apply to the EU Settlement Scheme to continue living in the UK.

Source: https://www.gov.uk/apply-for-a-uk-residence-card

So Job Centre and HRT are going against Government Legislation?

calcotti

You said she applied for settled status - was she granted it? Did she then show DWP her settled status vis the oblige log in (in my opinion, big mistake by Home Office to not issue paper documentation). https://www.gov.uk/government/publications/eu-settlement-scheme-view-and-prove-your-rights-in-the-uk/view-and-prove-your-rights-in-the-uk

If she was and did then DWP are wrong. She should request a Mandatory Reconsideration, if she has settled status (rather than pre-settled status) she has a right to reside and doesn’t have to prove to DWP how long she has been here. See paragraph 7 of this DWP guidance document https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800793/adm9-19.pdf. Suggest you quote this to them.

She still needs to show that she is ‘habitually resident’. Having a child in the UK and living with the father should count for something.

It appears decisions are being made by people without adequate training.

Get advice from a local advice agency if necessary, but the MR should be requested within one month.

If I have understood the situation correctly something along the lines of:
"I request a Mandatory Reconsideration of the decision to refuse my claim for Universal Credit on the grounds that I do not have a Right to Reside. I believe this decision is wrong in law. As an EEA national I have been granted settled status by the Home Office and I showed this to you. Settled status gives me a Right to Reside. Please refer to Memo ADM 09/19.
Please accept my claim for UC from the date it was originally made."
If you can provide a print out of the Settled Status confirmation that would be sensible.