EEA National with British Child - UC?

Sorry Alice - you know what these long threads get like!

More about the St. Prix ruling here http://cpag.org.uk/content/saint-prix-v-dwp-pregnancy-and-right-reside, although I am always nervous about information which is a few years old given the governments habitat of fiddling with legislation to rectify what they see as legal errors.

However still confirmed on page 11 of this Home Office document https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/603354/EEA-Case-Law-v4_0.pdf

Alice_Holt wrote: »

Yep still current. Successfully used in several UC RtR appeals at my local CAB.

(Also linked to in post 30 - - Haha)
:beer:

Good to know, and

I really should have read your earlier post properly myself!!

valencia19 wrote: »

I do get that the UC entitlement is based on MY situation and not my childs, but the advisor AT the job centre told me himself that once baby is born, Habitual Residency test slightly differs, this is why I am bringing this up, someone who is a professional dealing with these sort of cases for a living should know these things right? .

Wrong.

The advisors at the job centre would not necessarily know how you might pass the habitual residence and right to reside tests and therefore qualify for UC . They are not benefit experts. The legislation and case law around RtR & HB is very complex. In addition it varies from benefit to benefit.

It is a Decision Maker within the DWP who make this decision, and often their decisions are incorrect, or UC not awarded because they do not have all the relevant information.

Google search using Right to Reside and Habitual Residence Tests for UC Rebecca Walker CPAG, and you will get a detailed document on this subject.
"Many EEA nationals (as well as others) are being refused universal credit on the basis that they are not accepted as being habitually resident or having a qualifying right to reside - even when they were previously receiving legacy benefits.This workshop aims to summarise the way these residence requirements work within universal credit and consider some of the common reasons for refusal and possible challenges."

Note that it says " The quality of decision making on right to reside for UC claims is notably worse than it was for legacy DWP benefits. It is therefore important not to assume that a decision that your client does not have a right to reside is correct. Always check to see if their residence rights were not asked about, overlooked, ignored, denied etc....UC decision makers appear to be misapplying guidance on who is a worker or self-employed."

If even DWP UC decision makers get it wrong, then you cannot rely on a DWP JC advisor - they are not trained to give you detailed benefits advice on UC RtR and Habitual Residence.


I keep telling you this -
You need to get an appointment with a benefit welfare specialist to establish if you have a case to retain worker status and therefore be able to claim UC.
- I cannot stress how important this could be for you.

Why are you ignoring / not engaging with this advice, and the links I have given you?
As an EEA citizen, you can claim benefits including UC if you are a "worker" or have retained worker rights. Look at OhWow's post 12 and the link he provided about qualifying person status.
I can't see anything about qualifying because of having given birth to a British child, perhaps you should seek clarification from the JC advisor, show them the criteria for a qualifying person and ask them to explain further how having a British child might entitle you to claim UC.

More importantly - Have you asked the DWP to look at their decision again?
https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/
See post 30.

Are you renting? Has your HB stopped following your UC claim. How are you paying the rent?

Have you sought advice from your local CAB / advice centre on UC RtR?

valencia19 wrote: »

Alice,

I do get that the UC entitlement is based on MY situation and not my childs, but the advisor AT the job centre told me himself that once baby is born, Habitual Residency test slightly differs, this is why I am bringing this up, someone who is a professional dealing with these sort of cases for a living should know these things right? That is why I am bringing it up.

You can absolutely apply for leave to remain visa if you have a child, I don't know how common it is for EEA nationals to do so.

Sounds as if the advisor gave you incorrect information. You mentioned previously you had to leave your home due and are staying with friends/ supporters.

Is this still the case and you are not receiving HB?
If you are not receiving any income, could the father temporarily help to look after the child if you do not have a permanent home?
I have heard cases of SS removing children from their parents if they are unable to provide for them.
Nappies, clothes etc are incredibly expensive.