Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • AnnaRenes
    • By AnnaRenes 8th Aug 19, 9:15 PM
    • 27Posts
    • 0Thanks
    AnnaRenes
    Failed habitual test
    • #1
    • 8th Aug 19, 9:15 PM
    Failed habitual test 8th Aug 19 at 9:15 PM
    Hi there,

    I am hoping that you guys can help me. Long story short I have been living in the UK for the last 8 years. I have worked pretty much all the way up until February this year with an odd break due to changing jobs etc. I have never had to rely on the system, however due to unforeseen circumstances I had to apply for benefits in May. I wanted to avoid doing it but had no other choice. I had been struggling to find a job and had a bit of problem with my health. Somehow I have managed to fail the test twice. The first time the reason was " You don't have/ you haven't demonstrated a right to reside, the 2nd time was "inactive" As I have mentioned before I have worked and also studied in Scotland ever since I have moved here and find it a bit bizarre especially since I know of people who have been here a lot less and have worked less than me and are getting the support.

    I didn't want for things to come to this but I have been here for long enough I think to be able to get some support, I wil be asking for mandatory reconsideration, just wanted to check who rights do I have, if any?

    Many thanks
Page 3
    • AnnaRenes
    • By AnnaRenes 17th Dec 19, 12:00 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    I have been put in a hostel by the council.
    • AnnaRenes
    • By AnnaRenes 17th Dec 19, 12:19 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    I have been put in a hostel by the council.
    • pmlindyloo
    • By pmlindyloo 17th Dec 19, 12:59 PM
    • 12,504 Posts
    • 14,289 Thanks
    pmlindyloo
    I know you feel that you have been badly treated but you have now been accepted for Universal Credit so that is good. It is impossible to comment on 'other people' because we don't know their circumstances. Also, I feel, that it not good for your health to think about others and feel hard done by. It is time to put a plan in place.

    1. First take the documents that the DWP has asked for so that your Universal Credit can begin. Ask for an advance payment - you will have to pay this back over the next year but it will give you some money.

    2. It seems that your MR has been refused. You now need to go for an appeal. You are going to need help with this as it is very complicated. You may also need help to explain why you have not appealed before. So,

    3. Use CAB for the appeal. If not,

    4. Try your new MP.

    5. Once you have been awarded UC then you will need help with your debts and your housing situation.

    6. Again you can use CAB or Stepchange (for your debts)

    7. Are you getting help with finding somewhere to live?

    8. Are you getting help from a doctor for your health problems?
    • Alice Holt
    • By Alice Holt 17th Dec 19, 3:54 PM
    • 3,571 Posts
    • 4,148 Thanks
    Alice Holt
    I tried to call the citizen advice many times and no answer.
    Originally posted by AnnaRenes
    I would suggest you need to go in person with your work history in the UK.

    Citizens Advice is a charity staffed mainly by volunteers. They have much greater demand for their services than resources.

    You need to be both patient and persistent, it is very likely that they (or Shelter) will be able to help you, but this could take a couple of appointments,
    When you are there, you could ask about PIP.
    Do you think you could be eligible for this additional benefit?
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

    Please follow the steps set out by pmlindyloo.
    As she says appealing a R to R UC decision is complicated, do try to get the help to improve your position, maximise your benefits, and deal with your debts.
    Last edited by Alice Holt; 17-12-2019 at 4:02 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • AnnaRenes
    • By AnnaRenes 17th Dec 19, 4:28 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    They have only given me the mandaory reconsideration last month so I still have the time to appeal although not long left. Well it looks like it has been granted but they are still requiring for further evidence. I am going to try to go to a drop in next week to the advice shop. Thank you guys.

    The thing is, my mental health would have been so bad if I wasn't in this situation. Well the waiting list for a permament home it is very long. I am in Edinburgh and could be up to 16 months,
    • AnnaRenes
    • By AnnaRenes 18th Dec 19, 2:59 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    I just had a meeting with them.
    I was meant to jisy
    • AnnaRenes
    • By AnnaRenes 18th Dec 19, 3:03 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    I just had a meeting with them. I was meant to just to bring my bank statements and settle status proof. Sat down and the guy is telling me that we have to do a FULL HTR and he has never done it before and got his colleague in. Baring in mind that my claim has already been approved. According to citizens advice u don't have to pass the test if u have a settled status.
    • calcotti
    • By calcotti 18th Dec 19, 4:48 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    The full HTR is proving a right to reside and that you are habitually resident. The settled status gives you a right to reside. It should be relatively straightforward to demonstrate that you are habitually resident.


    DWP UC are making a mess out of the HTRs.
    • AnnaRenes
    • By AnnaRenes 18th Dec 19, 4:57 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    Thank you. He kept arguing with me
    • Alice Holt
    • By Alice Holt 18th Dec 19, 6:54 PM
    • 3,571 Posts
    • 4,148 Thanks
    Alice Holt
    According to citizens advice u don't have to pass the test if u have a settled status.
    Originally posted by AnnaRenes
    Correct (as calcotti has posted).

    "If you have settled status, you automatically have a right to reside."
    https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-get-benefits-if-youre-from-the-eu/

    "Settled status gives full right to reside, so you don't need to evidence right to reside under any other status to be entitled to benefits"
    https://www.turn2us.org.uk/Benefit-guides/Right-to-Reside/Settled-Status-Scheme

    But you do need to demonstrate habitual residence

    Also as calcotti has indicated the DWP frequently get R to R / habitual residence wrong. Which is why you need to persevere and get advice (preferably from a benefits specialist):
    Go to your local Citizens Advice.
    https://www.citizensadvice.org.uk/scotland/
    Also Shelter Scotland
    0808 800 4444 (Monday to Friday, 9am to 5pm)
    https://scotland.shelter.org.uk/about_us/local_services?referral=contact_us

    Settled status is to the simpler end of R to R and UC, if your local Jobcentre staff can't even get that bit right - you really need someone fighting your corner,
    Please go to your local Citizens Advice.
    https://www.citizensadvice.org.uk/scotland/
    or Shelter Scotland
    0808 800 4444 (Monday to Friday, 9am to 5pm)
    https://scotland.shelter.org.uk/about_us/local_services?referral=contact_us
    (see posts 2 [back in August],3,5,14,16,28,39,43,44)
    Last edited by Alice Holt; 18-12-2019 at 7:18 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • AnnaRenes
    • By AnnaRenes 15th Jan 20, 8:41 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    Hi,

    I am back again.
    So I have made a new claim in November and my claim has been approved and I got an advanced payment.
    I was meant to hear back on the 13th of January how much I was going to get paid and was meant to be getting my payment.

    I called them to check what was going on and to make sure that I was going to get paid this time. Apparently my workcoach hasn't send all the evidences required and they got in touch with him and it was all meant to be resolved. To my surprise I got an email today( a day before my first offical payment)
    Saying that my payment has stopped. I gave them a call and they were going on about the HRT test and saying that looks like I may not be entitled to benefits (Universal Credit)

    I was asked to provide my bank statements before and the settled status which I did.
    They never asked for any further evidence and gave him any warning before stopping my claim.

    According to Citizens Advice

    "Passing the habitual residence test
    Proving your right to reside is part of a test you might need to pass to claim benefits in the UK, including Universal Credit. This is called the ‘habitual residence test’. To pass this test, you’ll need to show you’ve made the UK your home and plan to stay here.

    You don’t need to pass the habitual residence test if you have:

    settled status
    certain types of right to reside - for example, if you’re working or self-employed
    "

    DWP advice

    "Settled Status – Indefinite Leave to Remain
    7 Where a claimant has been granted ILR i.e. Settled Status under the EUSS, they will
    satisfy the right to reside element of the Habitual Residence Test for the purposes of
    claiming UC.
    Note: It is not necessary for DMs to apply the Imm (EEA) Regs 2016 where the
    claimant has been granted ILR, as the claimant does not need a qualifying right to
    reside. "

    I am really confused and exhausted. Trust me, I really don't want to be on benefits, but right now that is what I need. I am staying in a supported accomodation. I am going to see a business afvisor next week to talk about a potentially being self employed and was meant to sign up for a New Enterprise Allowance. I am just trying to get back on my feet and needed this financial support. I can't stop crying and shaking. Please advise.

    I have told them that I want to hear back from the case worker by tomorrow the latest and for him to give me a written explanation.

    Please good people ,somebody help me
    • calcotti
    • By calcotti 15th Jan 20, 9:12 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    I can’t think of any advice to add to the advice you previously received. The DWP seem to be making a complete mess of things.
    • AnnaRenes
    • By AnnaRenes 15th Jan 20, 9:24 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    I am now left with no money and so heartbroken, I can't even rely for the system for once. I am staying in a homeless shelter and it is hard as it is without them not offering to help. I am at lost.
    • calcotti
    • By calcotti 15th Jan 20, 9:27 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    It may be worth contacting your MP for assistance.
    • AnnaRenes
    • By AnnaRenes 16th Jan 20, 6:47 AM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    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
    • WhenIam64
    • By WhenIam64 16th Jan 20, 9:26 AM
    • 996 Posts
    • 665 Thanks
    WhenIam64
    What does it say on your card that you were given with your "settled" status?
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • calcotti
    • By calcotti 16th Jan 20, 1:37 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    What does it say on your card that you were given with your "settled" status?
    Originally posted by WhenIam64
    Settled status is entirely electronic (a matter of concern to MEPs). There are no paper documents issued. Proof of settled status can only be demonstrating by accessing an electronic register. To do this you need to provide the email address or phone number you used when you applied so every chance that over a lifetime some people are going to forget their information and not be able to log in. https://www.gov.uk/view-prove-immigration-status

    By definition there are no restrictions attached to 'settled status'.
    • WhenIam64
    • By WhenIam64 16th Jan 20, 2:01 PM
    • 996 Posts
    • 665 Thanks
    WhenIam64
    Sorry to be a bit obtuse here, but there is clearly something wrong with the definition of "settled status" if the OP thinks one thing and the DWP think another.

    Proof of settled status can only be demonstrating by accessing an electronic register.
    If it is as simple as that, and if the OP is having an issue, then there is an issue with

    a) The OP's statement about SS
    b) The electronic register confirming SS
    c) The DWP's approach to (a) and (b).

    Given that the DWP are handling hundreds if not thousands of these issues every week, then why would the DWP make an error with something that is commonplace?

    I prefer to go back to first principles of checking everything.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • calcotti
    • By calcotti 16th Jan 20, 4:47 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    Sorry to be a bit obtuse here, but there is clearly something wrong with the definition of "settled status" if the OP thinks one thing and the DWP think another. ...

    Given that the DWP are handling hundreds if not thousands of these issues every week, then why would the DWP make an error with something that is commonplace?

    I prefer to go back to first principles of checking everything.
    Originally posted by WhenIam64

    Unfortunately DWP (UC in particular) are making numerous errors in dealing with HRT and settled status.
    • AnnaRenes
    • By AnnaRenes 16th Jan 20, 9:21 PM
    • 27 Posts
    • 0 Thanks
    AnnaRenes
    There is nothing wrong with my Settled Status,

    3 People in the Job Centre have seen it, and as somebody has mentioned before, it is all electronic so they could see a picture of me as well.
    I sent them a message on the journal and they are saying this

    "Your payment has stopped
    Your payment was stopped on 15 January 2020. This is because we think you are no longer eligible for Universal Credit.

    "

    I'm the decision maker assigned to your habitual residence review. I have checked our system and your payment that is due today has been released. It has not been cancelled or recalled.
    The reason your claim has been suspended is not because of a lack of evidence from you. You provided a letter stating you had settled status in the UK. Once this has been confirmed (which usually takes a few days) I will be able to complete the review of your habitual residence and unsuspend your claim.
    I hope this helps and apologise for any anxiety this may have caused. Please check your bank and if the payment has not been received, contact the service centre on 0800 328 5644 for assistance.

    They have seen my status online and printed it off
    I also sent a message sharing my code so the decision maker can view it.
    No idea why it takes a couple of days? As the claim has been done in November?

    Somebody from my MP's gave them a call and they were saying that they need to "verify' my status with the HOME OFFICE and that takes a couple of days? Sounds like !!!!!!!! to me, sorry for the language, settled status was meant to make things easier but clearly not, as it just shows that the DWP doesn't have a clue about how it works and the fact she is mentioning the "letter" I explained to them that there is no letter about from the one I get to my email and that is NOT A proof, the only proof is when they view it online and see a picture of me, which they took copies of.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,805Posts Today

6,909Users online

Martin's Twitter