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

MusicianHomeless

OhWow said:

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

Settled Status also has certain requirements...

Please, every one, read my post carefully.  I said: My second claim was successful because I received settled status from other office. My first claim was refused  just because I did not have the settled status, yet, in spite of that fact I provided them the same documents which I provided to other office which I received the settled status from, later. So, this one is strange. The Job centre Plus made very serious mistake about my first claim.

poppy12345

MusicianHomeless said:

OhWow said:

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

Settled Status also has certain requirements...

Please, every one, read my post carefully.

I did read it, thanks. My advice still remains the same ... based on what you've said then i don't think you were entitled.

MusicianHomeless

In the Job Centre Plus, when I had the first claim, they ignored the fact, according to the law, I am entitled to receive the Settled Status and that's why the Universal Credit, as well. The evidence of I am right is, my second claim was successful. Just because I already received the Settled Status from other office before my second claim. So, at my first claim, they ignored the fact I am entitled to receive the Settled Status and that's why, as well as, the Universal Credit. My second successful claim is the evidence I am right and they made serious mistake at my first claim.

OhWow

MusicianHomeless said:

Please, every one, read my post carefully.  I said: My second claim was successful because I received settled status from other office. My first claim was refused  just because I did not have the settled status, yet, in spite of that fact I provided them the same documents which I provided to other office which I received the settled status from, later. So, this one is strange. The Job centre Plus made very serious mistake about my first claim.

This has already been answered on page 1

OhWow said:

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.

OhWow

MusicianHomeless said:

So, at my first claim, they ignored the fact I am entitled to receive the Settled Status and that's why, as well as, the Universal Credit. My second successful claim is the evidence I am right and they made serious mistake at my first claim.

If you hadn't been granted Settled Status for your first claim, then you could not use that to have UK benefits. Your refusal letter told you this and states you were only granted Settled status on 6/12/2019, not when you tried to claim Universal Credit on 19/6/2019.

Therefore your first claim was assessed under the EU laws, whether you had an EU "right to reside" in the UK and could have UK benefits.

Your refusal letter states you were not a "worker qualified person", the EU regs are quite clear on what a "worker qualified person" is. You could not have Universal Credit as an EU worker.

They also tell you that although you have not used up your 91 days to be an EU jobseeker in the UK and had an EU  "right to reside" in the UK as a jobseeker  "However this is a right to reside that is specifically excluded from qualifying from Universal Credit". 

Therefore you could not have UK benefits.

Your second claim was assessed under UK immigration laws as you had now been granted Settled Status (under UK immigration laws). Settled Status allows UK benefits as long as you pass the HRT, which it seems you did as they granted Universal Credit.

Galloglass

Aside from the OP, there are going to be a lot of people caught up in the complexity of the rules - on one hand being initially generous and then the strict requirements applied under nationality laws.

Presume that after 30th June next year, there will be a lot of people caught out who haven't applied for settled status. 

calcotti

MusicianHomeless said: My second claim was successful because I received settled status from other office. My first claim was refused  just because I did not have the settled status, yet, in spite of that fact I provided them the same documents which I provided to other office which I received the settled status from, later. 

The test for Settled Status is easier than for the prior test. The fact that you got Settled Status doesn't mean that you should have passed the test on your earlier application.

MusicianHomeless

Job Centre Plus made the reviews about my status for each year when some law was active since 2004. But, how ever, they did not check carefully my status when the last law (about the settlement scheme) was already active when I claimed the first claim.

If they did so, according to the same documents which I provided them (the same documents which I provided  to a different government's body which I received the settled status from later), they would have to give me the Universal Credit already when I did the first claim.

According to the settlement scheme, everybody who is entitled to receive the settled status is entitled to receive Universal Credit, as well. Job Centre Plus did not check my status in June 2019 when the law about the settlement scheme was already active.

Galloglass

I believe they should have give me the Universal Credit (UC) already when I claimed UC for the first time in June 2019 retrospectively

Is your argument about it being retrospective?

And is the second part of the argument that you should have been told about the scheme or placed on it without asking?

calcotti

MusicianHomeless said:

Job Centre Plus made the reviews about my status for each year when some law was active since 2004. But, how ever, they did not check carefully my status when the last law (about the settlement scheme) was already active when I claimed the first claim.

It doesn't matter The JobCentre do not follow the Settled Status rules. If somebody has Settled Status they are required to accept that. If somebody does not have Settled Status the 'old rules' still apply. They will have tested your claim against the applicable rules for somebody without Settled Status.

MusicianHomeless said: According to the settlement scheme, everybody who is entitled to receive the settled status is entitled to receive Universal Credit, as well. 

That is not correct. People who have Settled Status are entitled to UC. People who meet the conditions for Settled Status but have not yet obtained it do not necessarily meet the conditions to be eligible for UC.