UC Appeal - HRT because of 3 week holiday

Mrsc01234

We're at tribunal appeal stage after waiting 8 months for a MRN. We went on holiday Xmas last year for 3 weeks and then again abroad for 3 weeks March this year. Had a shambles of a jobcentre/UC appointment; they didn't even tell us about the HRT and we only found out we'd even failed it afterwards. Complained immediately to no avail, been appealing for months as holidays aren't meant to trigger HRT but can't find the actual guidance that clearly says this. DM more asking for evidence of holidays and links to UK. Shouldn't they have some this already? We've lived here for 48&37 years and only had a holiday. I sent the travel booking in for the March trip not sure if they're actually entitled to this - now they're wanting the Xmas holiday info too and lots of other evidence. Can anyone help or offer advice? Feeling totally swamped. They keep saying we were out of the UK for 4 months, we were not and I just can't get them to see sense. I have no idea how I get confirmation of being NHS registered, a letter from a GP maybe? I've opticians bookings. DVLA letters etc. Not sure what evidence is needed. Thank you

Alice_Holt

Have a look through this Freedom of Info Q:
https://www.whatdotheyknow.com/request/569866/response/1367039/attach/2/FOI2019%2015722%20Reply.pdf?cookie_passthrough=1
Which include this, and a reference to the UC regulations:

"The Universal Credit Regulations 2013 Regulation 11 refers to "one month" GB absence, to
quote:
11.—(1) A person’s temporary absence from Great Britain is disregarded in determining
whether they meet the basic condition to be in Great Britain if—
(a) the person is entitled to universal credit immediately before the beginning of the period of
temporary absence; and
(b) either—
(i) the absence is not expected to exceed, and does not exceed, one month, or
https://www.legislation.gov.uk/uksi/2013/376/regulation/11/made
However, in your guidance:
DWP Central Freedom of Information Team
e-mail: freedom-of-information-request@dwp.gsi.gov.uk
Our Ref: FOI2019/15722
16 May 2019
'Claimant reports a temporary absence for a holiday'
https://www.whatdotheyknow.com/request/345846/response/845842/attach/html/3/2645%20U
CKM%20holiday.pdf.html
It states
"...if they choose to go on holiday they must continue to carry out the work-related
requirements as set out on their Claimant Commitment and they:
- will still be expected to complete all mandatory activity including attendances at any
appointment or provision
- will not be able to conduct their ongoing Work Search Review at any office other than their
home office or have them arranged for a later date
- could be subject to a sanction and lose some or all of their Universal Credit payments if they
do not fulfil all the requirements in their Claimant Commitment in full
Therefore which legislation and regulations and sections specifically require a claimant absent
from GB to:
"fulfil all the requirements in their Claimant Commitment in full" ?
and
"will still be expected to complete all mandatory activity including attendances at any
appointment or provision"?
and
" will not be able to conduct their ongoing Work Search Review at any office other than their
home office or have them arranged for a later date "?
and
"could be subject to a sanction and lose some or all of their Universal Credit payments if they
do not fulfil all the requirements in their Claimant Commitment in full"?
and
" will still be expected to be immediately available to attend a job interview or take up an offer
of employment, even if this means cutting short a holiday"
https://www.whatdotheyknow.com/request/345846/response/845842/attach/html/3/2645%20U
CKM%20holiday.pdf.html
Reference:
Habitual Residence Test
http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/HRT_v6.0.pdf
DEP2019-0465 https://www.parliament.uk/business/publications/businesspapers/commons/depositedpapers/?house=1&search_term=Department+for+Work+and+Pensions&itemId=119004#toggle
-759"







In terms of evidence that you were not absent from the UK for more than a month, you seem to have quite a lot already:

Dates in passport;
Hotel & flight bookings;
Appointments when back in UK during Jan and Feb;
Confirming letters from neighbours, friends, family members.
Home telephone call log;
Record of debit card / credit card purchases / cash withdraws in UK;

Just get as much confirming evidence as possible.

I would also see if your local advice agency can help with the appeal.

Don't quite understand if you are " at tribunal appeal stage, having received your MRN and lodged your SSCS1 with the Tribunal Service, why the DWP DM is "asking for more evidence".

You should be sending your tribunal statement / evidence directly to the TS, who will forward it on to the other party in this dispute (DWP).

Can you clarify exactly where you are in the appeal process.

BTW 8 months is far too long a period to wait for a response to your MR - what was the chronology to cause this delay?

https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/problems-with-your-claim/if-youve-failed-the-habitual-residence-test/

https://www.citizensadvice.org.uk/benefits/british-and-irish-citizens-claiming-benefits/

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/

Mrsc01234

Thank you Alice. That is so much helpful info.

We immediately complained and appealed by telephone and letter but noone did anything about it. I think it took a few months for them to actually register our appeal against their decision and then they just didn't respond for months and months.

So we submitted the appeal online to the Tribunal. I believe it is now at the stage where DWP respond. They have asked for evidence of our trips and set up an online upload facility in our UC account so we can add these. A lady today called my husband and finally seems to understand that the initial appointment has caused all these issues (the ladies were on training, the systems were down, they didn't actually ask us any HRT questions at all) and that they put the initial date of the Christmas holiday and the end date of our March trip which incorrectly equalled 4 months!

I was under the impression we send all our evidence to the Tribunal. I might naively be hoping that with some more evidence they will re-assess before tribunal - do you know if that can happen? She led my husband to believe it could be done and we'd really rather not drag this on anymore, it's been such a long ordeal :-(

Thanks again

calcotti

Mrsc01234 wrote: »

I was under the impression we send all our evidence to the Tribunal. I might naively be hoping that with some more evidence they will re-assess before tribunal - do you know if that can happen?

Anything you said to the tribunal will be copied by them to DWP. Yes the DWP may revise their decision prior to a tribunal hearing. If this happens the appeal will lapse.