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

MusicianHomeless

OhWow said:

MusicianHomeless said:

calcotti said:

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.

If somebody does not have Settled Status the 'old rules' still apply???

Now you are getting it.

.
If somebody does not have Settled Status the 'old rules' still apply??? 

Is this written in any concrete article? Please, link.

Yes, let's talk about this point because this is the point:

The question is whether a Job Centre Plus has the power to consider my settled status on the basis of the evidence of the documents which I provided them, even though, at that time, officially I did not have the settled status, yet. (I provided them the same documents which I received settled status from, later, from different government's body.)

The Job Centre Plus did consider my statuses for each year since 2014 when were various laws in effect. But they did not do this in 2019 when a new law was in effect (the settlement scheme).  The Job Centre Plus made the difference about to use their power to consider my status in 2019 according to the settlement scheme / law.

calcotti

JobCentre have no authority to determine whether or not you qualify for Settled Status. The decision on Settled Status is made by the Home Office. 
If you are not willing to accept any of the advice offered there really is no point in asking the question.

Muttleythefrog

MusicianHomeless said:

OhWow said:

MusicianHomeless said:

calcotti said:

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.

If somebody does not have Settled Status the 'old rules' still apply???

Now you are getting it.

.
If somebody does not have Settled Status the 'old rules' still apply??? 

Is this written in any concrete article? Please, link.

Yes, let's talk about this point because this is the point:

The question is whether a Job Centre Plus has the power to consider my settled status on the basis of the evidence of the documents which I provided them, even though, at that time, officially I did not have the settled status, yet. (I provided them the same documents which I received settled status from, later, from different government's body.)

The Job Centre Plus did consider my statuses for each year since 2014 when were various laws in effect. But they did not do this in 2019 when a new law was in effect (the settlement scheme).  The Job Centre Plus made the difference about to use their power to consider my status in 2019 according to the settlement scheme / law.

I think really the onus is on you to demonstrate legally that this is what the DWP should do. As Calcotti points out... it is the Home Office who determine (whether you qualify for) Settled status. You are to my mind suggesting the DWP should either determine your Settled Status without request (which isn't within their realm) or that the Settlement Scheme somehow conveys you benefit rights of Settled Status on the theoretical basis you would qualify for that status which you hadn't applied for. The DWP was able to consider your previous statuses/circumstances as they did not (need to) rely on a Home Office decision on immigration status.

I have seen no legal avenue presented that suggests you have a case but that's the beauty of legal argument... you or some other may see some avenue of challenge. But evidently the posters here can not see any.  

Galloglass

Is this written in any concrete article? Please, link.

There is an earlier link to a case that covers most of the questions you have asked with reference to the appropriate legislation

https://www.bailii.org/ew/cases/EWHC/Admin/2020/998.html

"This claim concerns the legality of social security rules made to govern whether persons holding pre-settled status under the Immigration Rules may qualify to claim various social welfare benefits. Pre-settled status is one of two statuses permitting residence in the United Kingdom, established by the Home Secretary under the Immigration Rules. Each is intended to protect the position of foreign EU nationals living in the United Kingdom, following the United Kingdom's departure from the European Union" 

So as a Czech national this may apply though it appears you may not even have been pre-settled either.

OhWow

Galloglass said:

Is this written in any concrete article? Please, link.

There is an earlier link to a case that covers most of the questions you have asked with reference to the appropriate legislation

https://www.bailii.org/ew/cases/EWHC/Admin/2020/998.html

"This claim concerns the legality of social security rules made to govern whether persons holding pre-settled status under the Immigration Rules may qualify to claim various social welfare benefits. Pre-settled status is one of two statuses permitting residence in the United Kingdom, established by the Home Secretary under the Immigration Rules. Each is intended to protect the position of foreign EU nationals living in the United Kingdom, following the United Kingdom's departure from the European Union" 

So as a Czech national this may apply though it appears you may not even have been pre-settled either.

He then went on to conclude-

"The consequence is that the Claimants' application for judicial review fails."

https://www.bailii.org/ew/cases/EWHC/Admin/2020/998.html

The refusal of the UK to grant Universal Credit on pre-settled status, is lawful. The EEA citizens lost their case.

 

While that case was waiting, one of them had applied for and was then granted, Settled Status, which meant she could then have Universal Credit. She could not have Universal Credit under the EU's Free Movement because she was not a worker. She could not have UC under Pre-Settled status as that does not give access to Universal Credit (as this court has confirmed). Once she had been granted Settled Status, she was allowed to have Universal Credit..

 

Pre-Settled status is UK immigration rules and is really Limited leave to Remain. LLR is NRPF (No Recourse to Public Funds). Contribution based benefits are not Public Funds.

OhWow

MusicianHomeless said:

OhWow said:

MusicianHomeless said:

calcotti said:

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.

If somebody does not have Settled Status the 'old rules' still apply???

Now you are getting it.

.

The Job Centre Plus did consider my statuses for each year since 2014 when were various laws in effect.

Unfortunately for you it seems they did., in great detail.