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  • FIRST POST
    • Hymie97
    • By Hymie97 29th Jan 18, 10:53 PM
    • 5Posts
    • 0Thanks
    Hymie97
    (deleted) .
    • #1
    • 29th Jan 18, 10:53 PM
    (deleted) . 29th Jan 18 at 10:53 PM
    (deleted) .
    Last edited by Hymie97; 13-03-2018 at 5:52 PM.
Page 2
    • poppy12345
    • By poppy12345 12th May 18, 6:43 AM
    • 3,395 Posts
    • 3,268 Thanks
    poppy12345
    Hi everyone, I am new to this forum so please don't be too rough on me !!!55357;!!!56904;
    I can agree that the rules for HRT for UC are very complicated. I'm trying to fight with them since January.
    I thought myself they are only going to check on the past 3 months to establish if you were residing in this country.
    This isn't a case for UC.
    I have been living in the uk for the past 14 years. I haven't been working continously for 5 years tho as I wascstating home with my daughter when my husband had a well paid job.
    I got divorced in 2015 and lost my job same time. Then for nearly a year I have been on jobseeker allowance while doing an Access to HE. I have started university in October 2016 and since then I am supporting myself through the student finances loan. I have applied for UC this January and been rejected. The decision maker argues that I have no rights to reside in this country. My daughter is in a dull time education however her father lives in this country so if I'll be forced to leave the country, her rights for education wont be broken as she will stay with her dad who is a qualified person.
    The decision maker argues that I am not a self sufficient person. However on my previous joint claim (where I haven't been entitled to uc but my ex partner was) they took my student loan as an income of 850 a month.
    I have a mandatory reconsideration of reconsideration or whatever its called.
    In the middle of April I have received a phone call of the decision maker saying, he reconsidered the decision and it went on my favour. It takes few days to be uploaded on my journal. Last Monday I have received an email that I need to read the message in my journal. They have changed the decision and rejected my claim, saying they have made an error. I do have a CSI for myself and both of my daughters (since I divorced I have a second daughter, who is few months old, her father's name isn't on the BC as he couldn't be bothered to be a part of her life)
    They never gave me a regulation which explains that student income isn't an income. I have found, I think Reg68 part 3 chapter 6 (if I'm correct) saying anyone undertaking the course who has a student loan/grant is considered as pa person having a srudent income.
    No one can help me with my case. I have asked so many ppl already and no one really knows and thry say the UC is a new thing and thry don't really know how it works. Cab didn't know how to help me. Thry have never phoned me back. I had a MP involved, the welfare officer and my university.
    I really wanted to avoid making the appeal as apparently it takes nearly 9 months at the moment with the amount of cases they need to deal with. UC doesn't want to talk to me anymore, saying I can appeal if I want to. I have make a complaint on the gov.co.uk website and they have got back to me saying I can appeal. I have found that possibly Parliamentary ombudsman could help with that but I will only find out after the weekend !!!55357;!!!56897; it put me in so much stress which has an impact on my studying as well as I am in the middle of the exams. It is unreal to me. I have no clue what to do, or there to go and ask someone to help me.
    Can anyone on here possibly advise please !!!55357;!!!56911;!!!55356;!!!57339; anything other than
    Yeah go back to your country. I haven't been living there for nearly 15 years. Both of my daughters were born here, my older daughter finishes primary school soon, I can't imagine turning her life upside down and throwing her into the new reality in a country where she only went to couple of times !!!55357;!!!56877;
    Thank you.
    Originally posted by Sunny84
    Student loans are classed as income for means tested benefits. Most students work along side uni. My daughter receives a student loan but works hard in her job to support herself. During the summer months when uni has finished she increases her hours to full time. She has no choice, if she wants to eat and pay her bills.
    • Pollycat
    • By Pollycat 12th May 18, 7:25 AM
    • 20,684 Posts
    • 55,595 Thanks
    Pollycat
    Sunny84
    You really need to start a new thread for your own questions.


    As the OP of this thread has deleted his first post and also changed the title, some people may be put off even looking at the thread and not see your post.
    • Alice Holt
    • By Alice Holt 12th May 18, 7:48 AM
    • 2,405 Posts
    • 2,793 Thanks
    Alice Holt
    You may have derived rights as the primary carer of a child in education under Article 10
    http://www.cpag.org.uk/content/think-children-right-reside-through-child

    The best advice is (as given to the person who deleted all their posts) to go to your local advice agency / CAB.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Topcat1982
    • By Topcat1982 12th May 18, 11:42 AM
    • 381 Posts
    • 406 Thanks
    Topcat1982
    Student loans are classed as income for means tested benefits. Most students work along side uni. My daughter receives a student loan but works hard in her job to support herself. During the summer months when uni has finished she increases her hours to full time. She has no choice, if she wants to eat and pay her bills.
    Originally posted by poppy12345
    Her baby's 3 months old and the father doesn't want to be involved.

    Sunny I think you should consult an immigration lawyer.
    • Sunny84
    • By Sunny84 13th May 18, 11:30 PM
    • 2 Posts
    • 0 Thanks
    Sunny84
    Thank you everyone for your replies.
    Im sorry I haven't started a new thread, that was my first post ever, didn't know. I do apologise.
    Yes, my younger daughter is few months old and dad doesn't want to have nothing to do with her.
    That's why I've been worried to ask a question, not to be taken as a lazy foreigner who doesn't want to work, just want to take I wish I'd be working, just with studying full time and and two young children, days are not long enough and no childminder will stay with them evenings, so I can go to work evenings/nights.
    Article 10 doesn't apply to me as they only consider a)(worker) and b)(jobseeker) on this occasion. A student is a qualified person under this article but UC only states A and B as qualified person. A father of my first daughter lives in the UK so he is a qualified person for her, not me.
    CAB had no answer to my question.

    Think best to do is postpone studying and find a full time job.
    Once again thank you for your replies everyone <3
    • Pollycat
    • By Pollycat 14th May 18, 7:47 AM
    • 20,684 Posts
    • 55,595 Thanks
    Pollycat
    Thank you everyone for your replies.
    Im sorry I haven't started a new thread, that was my first post ever, didn't know. I do apologise.
    Yes, my younger daughter is few months old and dad doesn't want to have nothing to do with her.
    That's why I've been worried to ask a question, not to be taken as a lazy foreigner who doesn't want to work, just want to take I wish I'd be working, just with studying full time and and two young children, days are not long enough and no childminder will stay with them evenings, so I can go to work evenings/nights.
    Article 10 doesn't apply to me as they only consider a)(worker) and b)(jobseeker) on this occasion. A student is a qualified person under this article but UC only states A and B as qualified person. A father of my first daughter lives in the UK so he is a qualified person for her, not me.
    CAB had no answer to my question.

    Think best to do is postpone studying and find a full time job.
    Once again thank you for your replies everyone <3
    Originally posted by Sunny84
    You don't have to apologise, sunny.


    It's just that sometimes people answer the original poster's question rather than yours.
    In this case, the original author deleted his/her text for some reason.


    Good luck with finding a job.
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