What to write into the appeal to claim Universal Credit? - A specific problem:

MusicianHomeless

I asked for the settlement status. After this, they gave me the settled status. After this, they gave me the Universal Credit. This one was my SECOND claim. So, now I have been receiving Universal Credit since about the beginning of year 2020. 

But the problem is about MY FIRST CLAIM when I claimed for Universal Credit in June 2019 when I DID NOT HAVE the settled status, yet. They rejected my first claim. 

I believe they should have give me the Universal Credit (UC) already when I claimed UC for the first time in June 2019 retrospectively because, at that time, I already have being living in UK for 15 years. They should give me over £2,000 (two thousands pounds) if my fight is successful. £2,000 is a big money for me. This is the period from my first rejected claim to my second successful claim.  

As the reason why they refused to give me UC, in short explanation, is this (if I understand them correctly.....Please check it BELOW):  

During ALL 15 years, when I was living in UK, I did NOT have any status (they say so SEE BELOW) because I was not contributing much enough money to this country. I usually just had an official contract for part time jobs (too small income to pay the taxes much enough). (I mostly was working only part times to have free time to study. It was self study, so, no contracts. I was studying programming, music production applications, video production applications, working on my music album, etc.)

[Deleted User]

MusicianHomeless said:

I asked for the settlement status. After this, they gave me the settled status. After this, they gave me the Universal Credit. This one was my SECOND claim. So, now I have been receiving Universal Credit since about the beginning of year 2020. 

But the problem is about MY FIRST CLAIM when I claimed for Universal Credit in June 2019 when I DID NOT HAVE the settled status, yet. They rejected my first claim. 

I believe they should have give me the Universal Credit (UC) already when I claimed UC for the first time in June 2019 retrospectively because, at that time, I already have being living in UK for 15 years. They should give me over £2,000 (two thousands pounds) if my fight is successful. £2,000 is a big money for me. This is the period from my first rejected claim to my second successful claim.  

As the reason why they refused to give me UC, in short explanation, is this (if I understand them correctly.....Please check it BELOW):  

During ALL 15 years, when I was living in UK, I did NOT have any status (they say so SEE BELOW) because I was not contributing much enough money to this country. I usually just had an official contract for part time jobs (too small income to pay the taxes much enough). (I mostly was working only part times to have free time to study. It was self study, so, no contracts. I was studying programming, music production applications, video production applications, working on my music album, 

 So you didn't provide evidence of your lawful residence but expect them to believe you? 

poppy12345

Based on all that i can see why they refused your claim and why the MR stayed the same.

calcotti

This is a specialist area and if you want to challenge it you need to obtain advice from somewhere other than an online forum. However based on my understanding if the facts as stated in the decision letter are correct then the decision itself appears to be correct.

Should point out also that any appeal is supposed to be submitted within one month of the letter so any appeal would now be a late submission and may not be accepted.

poppy12345

You've been living here for 15 years, how have you managed to support yourself on such little income?

MusicianHomeless

_shel said:  So you didn't provide evidence of your lawful residence but expect them to believe you? 

I gave them documents which proved the fact I have been living in UK for over 15 years. The same documents which I gave them which I received the settled status from. 

MusicianHomeless

calcotti said:

Should point out also that any appeal is supposed to be submitted within one month of the letter so any appeal would now be a late submission and may not be accepted.

There's information on their web page, saying I can send the appeal later if there is very serious reason. Coronavirus is very serious reason. All Job Centers Plus are closed because Coronavirus. They even send me a notice saying I must not come to have the appointments, any more because Coronavirus and they will let me know when they reopen Job Centre Plus. 

[Deleted User]

MusicianHomeless said:

calcotti said:

Should point out also that any appeal is supposed to be submitted within one month of the letter so any appeal would now be a late submission and may not be accepted.

There's information on their web page, saying I can send the appeal later if there is very serious reason. Coronavirus is very serious reason. All Job Centers Plus are closed because Coronavirus. They even send me a notice saying I must not come to have the appointments, any more because Coronavirus and they will let me know when they reopen Job Centre Plus. 

 You dont go near a job centre to do a mandatory reconsideration. You send a letter in the post. Postmen have been working throughout. 

OhWow

Under the EU 2004 Directive, you have to be a "qualified person" to have a "right to reside" in another EEA country or Switzerland.

Just living in another EEA country in not exercsing treaty rights as you need to be am EU "qualifed person" every day to have a "right to reside" in that country. That Directive states that if you stop being a qualified person, for even a single day, then you reset your EU's clock of "5 years to PR in that country" back to zero.

The EU's "qualified person" is either-

- worker (includung self employed)

- jobseeker - for a limited time only, something like 91 days total in the UK. Very limited benefits now for these

- self sufficient -can't have benefits from that country and must have a Comprehensive Sickness Inusrance

- student - can't have benefits from that country and must have a Comprehensive Sickness Inusrance

The EU states that an EEA (or Swiss) citizen who is a  "worker qualified person" can have benefits from that EEA country, but only why they are continously a worker. The UK defines what a "worker qualified person" is in the UK,, which seems to be earning enough every week to at least pay National Insurance.

If you didn't have an EU "right to reside" in the UK as a worker, then you can't have benefits from the UK.

Due to the UK having left the EU on 31 Janury 2020, the grant of Settled Status is a very generous offer from the UK as you only have to show you resided in the UK for 5 years, even if you didn't have an EU "right to reside" during all of that time. Settled Status allows you to have UK benefits. This allowed you to claim Universal Credit from the UK.

Pre-settled status does not allow access to UK benefits. This has been tested in court and the EEA citizens lost.

During the transtion period which ends on 31 December 31 2020, EEA (and Swiss) citizens and all their non-EEA familiy members, can use the EU Directive to claim benefits from the UK if their EEA (Swiss) citizen sponsor meets the definition of "worker qualified person" in the UK.

Therefore you have gained from the UK leaving the EU. You couldn't claim benefits under the EU Directive of free movement, because you were not a worker qualified person and I assume, didn't manage to get 5 years of being a "qualifed person" every single day to get the EU's PR in the UK. But you now can claim UK benefits as the UK granted you Settled Status even though it sounds like you had periods of not being lawfully in the UK?

Lanzarote1938

It appears that you are going to be treated very favourably by the UK despite never having paid NI or income tax.

OhWow

Lanzarote1938 said:

It appears that you are going to be treated very favourably by the UK despite never having paid NI or income tax.

For benefits, very. However the UK are now paying less benefit money than some other  EU countries.

Nor does Settled Status mean he will be granted British citizenship because it sounds like he will fail the Good Character requirement. One of those requirements is that any overstaying in the prevoius 10 years is a fail of the Good Character requirement and therefore a fail to be granted British citizenship.

https://www.gov.uk/government/publications/good-character-nationality-policy-guidance

Although the EU stated that EU citizens can live in the UK (when the UK were deporting those living on the streets with no EU "right to reside")  if he didn't have an EU "right to reside" in the UK as a "EEA citizen qualified person" and didn't have permission to be in the UK under immigration rules, then he wasn't in the UK lawfully under British nationality laws.

Having Settled Status does not give an exemption to the British Nationality laws.

Settled Status also has certain requirements, if that status is to be retained. UK laws are much stricter for those using UK immigration laws in the UK, than the rules the EU has for those using their routes to live in the  UK: from 2021 UK laws will apply to all.