universal credit

daschom

KatrinaWaves said:

There is no ‘unemployed longer than 9 months’ rule about UC.
Do you have pictures or a screenshot of the reason for the ending of your claim? 

Ok. I think I need to give better background of the claims.

Initially I submitted my claim with no Settled Status.
Been in the UK for more than 10years . Claim got rejected and the agent explained I've failed the Habitual Residence Test but was referring to this this ‘unemployed longer than 9 months’ rule, which we know doesn't exist.
I've been told to submit a new claim. When submitting the second claim I already had been granted the Settled Status.

Yet it's been also rejected.

calcotti

daschom said:

KatrinaWaves said:

There is no ‘unemployed longer than 9 months’ rule about UC.
Do you have pictures or a screenshot of the reason for the ending of your claim? 

Ok. I think I need to give better background of the claims.

Initially I submitted my claim with no Settled Status.
Been in the UK for more than 10years . Claim got rejected and the agent explained I've failed the Habitual Residence Test but was referring to this this ‘unemployed longer than 9 months’ rule, which we know doesn't exist.
I've been told to submit a new claim. When submitting the second claim I already had been granted the Settled Status.

Yet it's been also rejected.

For your first claim the interruption to your work history could affect your right to reside under the Habitual Residence Test.

For your second claim the decision is simply wrong. Your Settled status gives you a Right to Reside.
Have DWP seen confirmation of your Settled Status?

You need to request a Mandatory Reconsideration. You can do this in your UC journal but it may be worth ringing as well. You want to say something along these lines."I have told you that I have Settled Status under the EU Settlement Scheme. This means that I have Indefinite Leave to Remain. It is therefore incorrect to say that I do not have a Right to Reside that qualifies me for Universal Credit. Please refer to Advice to Decision makers paragraph C1870 and C1871."

The reference I have included is in this document https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864884/admc1.pdf

EU Settlement Scheme (EUSS)

C1870 A new right to reside has been created for EEA nationals in Appendix EU to the Immigration Rules made under the Immigration Act 1971. Applicants to the EUSS can be granted either

1. Indefinite Leave to Enter (ILE)/Indefinite Leave to Remain (ILR)(“settled status”) or

2. Limited Leave to Enter (LLE)/Limited Leave to Remain (LLR)(“pre-settled status”) by the Home Office.

Settled Status – Indefinite Leave to Remain

C1871 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.

NedS

If you have been awarded settled status you should have a reference number. You will be asked to provide this reference number as part of the Habitual Residency Test (HRT) process. A DWP member of staff will be able to confirm your settled status from the reference number and you will pass the test. It is a very quick and simple process if you are able to provide the reference number.