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UC claim ,failed HRT URGENT
my client is slovenian, just separeted from partner , he is UK citizen, one child of the couple aged 3, my client failed hRT so the uC claim is just for partner as she is classed as not eligible, she has been in UK since NOv 2020
client i snow single , unemployed, never worked in UK, UC claim is not accessible to her as she is ineligble due to HRt, she has made a new UC claim
she will have a new HRT test
question, does her being the mother of the child born in Uk give her rights to reside, is there any other right she has and what about the HRT test,
Help please she is coming back to jobcentre later today, we are liaising with jobcentre who are beign very helpful to try and get her processed and through the HRt asap
Thanks DS1000
any other contributions welcome too
For queries like this, I find CPAG’s Do you have a right to reside? tool invaluable. Even if you don’t get a definitive answer, you will get a good idea of what questions to ask.
You do need a subscription to AskCPAG to access the tool but remember they do a 1-month free trial too.
thanks Kelly
one of my colleagues tells me that the DWP may come up with arguments that my client is not detitute, she has no money and is homeless and has a 3 year old child, however I have been told DWP can argue that s she has family in her own eastern european country she could go back to live there and give her child over to the care of the childs UK father,
this sounds highly dodgy to me, any comments please
My view would be DWP can argue what they like but it should still be assessed/decided at tribunal.
If she has a child, she should be referred into your council’s equivalent of the Nil Recourse team while the tribunal is pending.
thans rebecca, the local counil ar einvolved buy not being very helpful
one of my colleagues tells me that the DWP may come up with arguments that my client is not detitute, she has no money and is homeless and has a 3 year old child, however I have been told DWP can argue that s she has family in her own eastern european country she could go back to live there and give her child over to the care of the childs UK father,
this sounds highly dodgy to me, any comments please
The DWP certainly should not make such an argument - and if they did it would be wrong. The whole point about the dignity analysis required for such cases, is that the DWP are checking whether the client is able to exercise her right to live in Britain in conditions of dignity.
Saying she can do this by going back to Slovenia obviously is wrong once you realise that- she would not be exercising her right to live in UK in conditions of dignity if she had to leave…..
The Upper Tribunal rejected precisely this sort of thing at para 157 of its judgment- see both judgments and other helpful resources here - https://cpag.org.uk/welfare-rights/test-cases/test-case-updates/destitute-eu-nationals-pss-can-rely-eu-charter-fundamental-rights-obtain
Thanks Martin, I did think the idea was preposterous, not sure who suggested it but if my client is refsued we will appeal it
Diogenes, you don’t say what status she has i.e. does she have pre-settled status?
Jim
yes pre settled