Failed habitual test
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Unfortunately DWP (UC in particular) are making numerous errors in dealing with HRT and settled status.
I've never been a great fan of bashing the Departments (DWP or UC or any) as it masks the issues the OP's need to address which are:
a) gather the evidence
b) understand the appeals processes
c) present the evidence and follow the appeals process.
Getting an MP involved is just going to interfere with the process - to the detriment of others who are following it.
There may be a few reasons, other than a mistake / poor training, for the delay. For example, the rules appear to have been changed/clarified in September 2019 which may mean the Departments are scrambling to understand and apply the changes. It may be the OP falls into one of the categories being scrutinised but we can't say as we don't have the information the Home Office does.
Explanation of changes
The OP should read the paperwork and follow any appeals process given. Or she could ask if she falls into the categories being reviewed due to the September changes in the rules.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
Regardless of how many times that you have provided the information, just produce it IN THE MANNER THAT THEY HAVE REQUESTED.
Just as your computer/i-phone will not work unless you follow the exact instructions, neither does The System.0 -
I did, no need to be having a go at me, I have provided everything that they have asked for. They were meant to get back to me by the 12th telling me how much I was entitled to and they didn't so I called them and the people in the Job Centre may have not forwarded all of the evidence. None of this is my fault so I don't understand the last 2 messages.0
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I did so I don't understand your message to be fair and we are talking about a new claim and not the appeal.
Been asked to provide my settled status and my bank statement,
I did, showed it a couple of times and they have taken screenshots of it. The decision maker is asking for a letter and it clearly states in the letter which I have received "Your status takes effect from the date of this letter, which can be found above.
This letter is your written notification of leave, which you may wish to keep for your
personal records, but it is not proof of your status and CANNOT be used to prove your
status to others. Instead, you can view and share details of your status with others using
the Home Office online status service 'View and Prove your Settled and Pre-Settled
Status': https://www.gov.uk/view-your-settled-status. " They should have more training if the decision maker is asking for letter instead of wanting to view it online,
I have done nothing wrong on my end. I have showed them both, if I only showed them the letter there would have been a delay in my claim ask as it clearly states the letter is not a proof, still showed them everything they needed to see and I am still waiting riddled with anxiety.0 -
I've never been a great fan of bashing the Departments (DWP or UC or any) as it masks the issues
Although different to OP's case, it's because the DWP make such poor decisions that three quarters of ESA and PIP appeals to the tribunal service are found in favour of the claimant. In respect of HRT assessments under UC other forums for professional advisers are full of instances of UC staff misunderstanding the rules and not applying their own guidance (some of which has been referenced earlier in this thread).
There appear to be significant issues around training and understaffing at the DWP. I don't think individual staff members are generally to blame (although in some instances there is possibly a culture of disbelieve).
From what Anna has said she has done everything that can reasonably be required of her and the people processing the claim appear not to understand 'settled status' despite their own guidance available to them.
When the system is simply not working involving an MP is sensible because they may be able to help the OP and it also brings to their attention faults in the system which they can (if so inclined) take up with the relevant minister.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
Thanks Calcotti0
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For those interested there is a House of Commons briefing on the settlement scheme here https://researchbriefings.files.parliament.uk/documents/CBP-8584/CBP-8584.pdfInformation I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0
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I did, but it is still going to take time and I have no idea why they are saying that I may not be entitled to UC.
"Successfully applying for “settled status” gives EU/EEA citizens access to benefits on the same basis as UK citizens. Crucially, achieving settled status is significantly more straightforward than achieving “permanent right to reside”, the previous way to achieve benefits parity with UK citizens. “Settled status” requires living in the UK for at least 6 months in any 12 month period for 5 years in a row, without the need to meet further qualifying conditions related to employment etc."
Clearly no as it looks like I have no rights even with my settled status here
What your quote is saying is how much easier it is for those who entered the UK under the EU Directive of Free Movement of Persons, to get settled status under the Withdrawal Agreement (UK secondary legislation laws) than getting settled status (the EU's PR) under EU laws.
EU laws required you to follow EU laws every day and be an EU "qualified person" continuously to a have "right to reside" in another EEA country. If you did not, the 5 year clock to the EU's settled status (PR) in that EEA country stopped. Stay in that EEA country when you ceased being a "qualifed person" and then started being a "qualiied person" again, the EU 5 year clock to PR, started again at zero.
Under the Withdrawal Agreement (UK secondary legislation law) the UK is being very generous and you only need to have lived in the UK for 5 years for settled status, even if they were not being an EU "qualified person" every day and would be refused settlement in the UK under the EU Directive (PR).
The EU have-
-Worker qualified person - allows benfits if they pass the HRT AND if their job is passes the test of being an EEA citizen worker.
-Jobseeker qualified person - limited to 6 months and often doesn't allow UK benefits. Even if they can have JSA/all UK benefits, these are limited to 6 months.
- Student qualified person - must be a student and have what the EU Directive calls a Comprehensive Sickness Insuance, for themselves and each of their family members they brought into that EEA country with them. No benefits from that EEA country.
- Self Suffiecient qualifed person - must have what the EU Directive calls a Comprehensive Sickness Insuance, for themselves and each of their family members they brought into that EEA counttry with them. No benefits from that EEA country.
The EU Directive also said that if an EEA citizen works in another country for 1 year and then retires or becomes too sick to work, they can have the EU's PR (settlement) in that country. It's too late now for these to use this EU law in the UK.0
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