I need help with universal credit claim - HRT (EEA national)

Felixstone wrote: »

..... I'm not a worker, jobseeker, self sufficient, student, or gainfully self employed (I don't earn much). I've been in this country a long time but I also have to be one of those things to qualify, and I don't.

So they decided to judge it based on me being a relative of an EEA national who is a qualified person.

But they said that I haven't provided a birth certificate to prove that my mum is my mum, and they seem to think that her work history is insufficient to make her a qualified person, which is untrue.

This is crucial information which would have been useful for us to have had at the onset of this thread.

It now becomes very clear what information you need to supply to the DWP / Tribunal Service:
a) Copy of your birth certificate to prove the relationship with your mother;
b) Proof of 5 years continuous working by your mother to show she has attained permanent R to R;
c) Proof that your mother has been supporting you.

For b) Copies of P60's, P45's, wage slips, write to previous employers to get confirmation of employment dates, bank statements showing salary received, letters from colleagues, SAR to HMRC to get tax records, etc, etc. (See my earlier post 10).

If you wish to receive UC and pass the R t R test, then this is what you (and your mother) need to do.
If it's too much bother to obtain a copy of your birth certificate and your mum's employment history - then the easiest way to pass the UC R t R test is to find yourself gainful employment.

Have you completed the SSCS1 form to lodge the appeal with the Tribunal Service (TS)?
You can follow up with documentation / proof by submitting this to the TS, once the appeal is lodged.

calcotti wrote: »

Bear in mind that even if mother was working she may not have been earning enough to pay NI or get NI credits.

Then she might have a problem as the EU says to work in another EEA country, the work must be "genuine and effective" and not "marginal or ancillary", for a right to reside in that EEA country. As a rough guide for that, the UK now uses whether they have earned enough each week to pay NICs. If they haven't, then they can still try to prove that their work was genuine and effective. What the rules were when she arrived, will be in the gov.uk link below.


Sometimes back then, if an EEA citizen said they were coming to the UK to work, they might have been stamped in with "ILR" (UK immigration rules) at the border. Or if they were in work, they could apply for ILR. That all ended in 2000. It might be worth his mother checking her old passports to see if it has an ILR stamp in the original passport she showed to enter the UK, or ask her if she applied and was granted ILR years ago. ILR expires if the holder has resided outside the UK for more than 2 years. I don't know how this would help the OP and he would need legal advice.



Failing that, the OP and his mother can use this Home Office document to see if they have both obtained the EU's PR and therefore a right to reside in the UK and claim UK benefits. PR is lost if they resdie outside the UK for more than 2 years.
"This document explains how UK Visas and Immigration assesses if an European Economic Area (EEA) national is a qualified person."
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons

If his mother holds a DCPR from UKVI and the letter that came with that showed she had PR when the OP was still a child, he can use that as part of a DCPR for himself and add the other relevant required documents.
https://www.gov.uk/government/publications/apply-for-a-permanent-residence-document-or-permanent-residence-card-form-eea-pr



As somebody has already said, if he applies to UKVI (UK Visas and Immigration) for a DCPR with his proof, and they agree he has PR, he can use his UKVI issued DCPR for UK benefits.