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You are not permanently resident unless you can buy a house
Clients away 2 years In Europe, on benefits the whole time.
They have returned to UK as of end of October 18, no interests etc left abroad, no property, no family. They are back living near family and friends in the area they first left.
Renting - UC refused and they can’t pay the rent.
Told verbally by UC that they don’t count as permanently resident because they are renting, not buying - but like most UC claimants who have been on benefits for years and years, they can’t buy!!!
What new foolishness is this???
Told verbally by UC that they don’t count as permanently resident because they are renting, not buying -
What? Did UC say that to you?
Client was told verbally by UC, sorry, I should have been more clear (like the PM)
I’ve asked UC for the full decision, as ever this seems a little evanescent.
speechless.
and that person in the jobcentre said what about UC housing costs?
speechless.
and that person in the jobcentre said what about UC housing costs?
That aspect of it is odd too. Clients say they were offered ‘a loan to help with the rent’.
I can only think that this was an advance payment paid before the decision was made - ?
UC are apparently investigating why they made a payment….....
I am compelled to borrow my friend’s expression yet again: “GAD!”
Developments - UC have suddenly decided that clients are eligible for benefit - but from 17/11/18 and not the date of claim which was 5/11/18.
Message from client - ‘we have also been told by the job centre that should we appeal to have it backdated they will stop the current claim until a decision is made’
UC not very graceful in defeat, then….....escalating complaint. MP involved.
Update - decision received stating that the claimants are eligible from 17/12/18, not 17/11 as I had thought.
DWP accepts them as living in the UK since 22/10/18 and renting a property since 9/11/18, and is applying the test of an ‘appreciable period’.
The decision accepts that the claimants had to sell their former home to pay off debts but then holds the lack of a property against them. the initial decision says ‘they rent from a landlord which very strongly suggests they did not have their own property to return to’.
C(IS) 376/2002 is quoted. I can’t find it at the moment. DWP is using the not unreasonable argument that plans may change and a waiting period is needed to establish habitual residence - but perhaps not when someone has returned owing to severe illness and basic poverty and their return was delayed because they had to save up for it - ?
Any thoughts on the chances of pushing the date back a bit? Not my field, this…...