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EU Family Member Benefit eligibility if Not Fit to Work

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  • UKCEN2021 EU Family Member Benefit eligibility if Not Fit to Work

    Hi All,

    I have posted before here Returning EU family member - UKCEN Citizenship and Residence for European Nationals and their families .

    I have more question and guidance as i am struggling.
    I finally got my mother here (16/07/2020) she is holding a EU family member resident card which she was given in 2017 on the basis she was with my dad (they are divorced now). Since then there were a series of unfortunate events.
    My mom is too sick, sadly she got re-occurrence of cancer and she has "Not Fit To Work", i was hopping on the basis of that she might be able to apply for universal credit or any benefit at all?

    I need help getting my mother some income support as we are struggling with living and housing expenses as my income is not enough to rent 1 bed flat and pay living costs for 2 people.
    1. I tried to get her National Insurance number but they declined the application because of COVID they cannot verify her identity because they are not doing any interviews atm. I tried to call them and selected the benefit option but they just hangup, does anyone knows how to get national insurance number at the moment.
    2. Can i get her universal credit without National Insurance Number? is there any exemptions for ill people? i read somewhere if i put she is dependent on my financially she get exempted from habitual residence test as i am EU full time worker and she is residing with me and i have settled status. There is a small issue that she does not have a bank account yet as she is can barely get out of home and attend an appointment.
    3. if she gets any sort of benefit and then she changes her resident card to pre-settled would that stop or affect the benefit in any way?
    4. if i get citizenship would that help her case in any way?
    Hope you guys would be able to provide some guidance.

    Thanks,

  • #2
    Aron F (lawyer) Would you be able to comment on this?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Aron F Has anyone looked at this? it would be great if i can have some guidance.
      Many thanks,

      Comment


      • #4
        Gack2009 Hi, I'm sorry for the delayed reply.

        May I please ask how old is your mother?

        I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

        Comment


        • #5
          she is 54 but sadly she has really poor quality of life and it's going to stay like this for the rest of her life.

          Comment


          • #6
            Gack2009 Your mother should apply for pre-settled status based on being a dependant parent of an EU national. At the same time she should apply for Universal Credit. Her claim to Universal Credit will start the National Insurance (NI) number application process.

            She should not call the NI application telephone number. As said, just by making a claim to UC she will be assigned a NI number. The UC team may first say that this is not true, however, that would only mean that they don't know the law and have not been trained properly for their job.

            If they insist that they can't pay UC without a NI number let them know about their own guidance here, where it says:

            'Claims to Universal Credit can be made without a National Insurance number
            Claimants without a National Insurance number should not delay their Universal Credit application to obtain one. Their claim to Universal Credit will start the National Insurance (NI) number application process.

            Once the conditions of entitlement to Universal Credit are established, an application for a NI number will be prioritised by the Department for Work and Pensions (DWP).

            This means eligibility can be established and also makes it possible to pay an advance of Universal Credit.

            Claimants who have a NI number should have it ready at the point of applying for Universal Credit.'


            Regarding applying without having a bank account see the Citizen's Advice Bureau website where it says:

            'You can use a friend or family member’s bank account for your first payment with their permission. You’ll need to get your own before your second payment. You can update your bank details in your online account once you get a bank account.'

            It is possible, however, to open a bank account without attending a physical appointment. There are also virtual bank like Starling which you can try.

            I hope this answers all your questions.

            I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

            Comment


            • #7
              You answered most of my questions.
              1- is it okay if i get her UC first then start the pre-settled application?
              2- as far as i know she has same rights as the EU person she is residing with, is that correct?
              3- How should she apply for UC? as she cannot work, would not "fit for work" be enough to support her application?

              Many thanks,

              Comment


              • #8
                1. It is OK, however it would be practically easier to first apply for pre-settled status as this would take care of some of the question the UC team may ask.

                2. She will need to prove that she is dependent on you financially, and that you have settled status. Once the UC team accept this she should be paid UC (upon meeting other eligibility criteria).

                3. She should start the application application online. She will then be contacted by the Jobcentre. She should tell them about the fit note.

                I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

                Comment


                • #9
                  Hi Aron F

                  Does she have to apply as financially dependant on me? would that affect how much she would be paid?
                  I am hopping she would at least get housing benefit as a shared room as we both live in a 1 bed flat. What I fear is if i put she is financially dependant on me and they check household income they won't give her any help?
                  I don't know how household income works but our household is only me and my mum and it's only me who is working and it's average income but it's not enough to support another person and rent a flat.
                  also would she be able to rent a flat on her own or i have to be with her?

                  Many Thanks,

                  Comment


                  • #10
                    Originally posted by Gack2009 View Post
                    Hi Aron F

                    Does she have to apply as financially dependant on me? would that affect how much she would be paid?
                    I am hopping she would at least get housing benefit as a shared room as we both live in a 1 bed flat. What I fear is if i put she is financially dependant on me and they check household income they won't give her any help?
                    I don't know how household income works but our household is only me and my mum and it's only me who is working and it's average income but it's not enough to support another person and rent a flat.
                    also would she be able to rent a flat on her own or i have to be with her?

                    Many Thanks,
                    Aron F (lawyer)

                    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11
                      Gack2009 Hi, I'm really sorry for the late reply.

                      Does she have to apply as financially dependant on me? would that affect how much she would be paid?
                      In order for your mother to be able to claim Universal Credit she must be financially dependent on you. She will not be able to claim it otherwise.

                      Appendix EU in Annex 1 defines 'dependence' as:

                      (a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or of the qualifying British citizen) or of their spouse or civil partner; and
                      (b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or by the qualifying British citizen) or by their spouse or civil partner; and
                      (c) there is no need to determine the reasons for that dependence or for the recourse to that support.'


                      See also the Home Office guidance in page 61 for examples for dependence evidence:

                      'This evidence might take the form of for example:
                      • evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen) or the spouse or civil partner
                      • evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen), or of their spouse or civil partner, on serious health grounds, such as a letter from a hospital consultant.'

                      I am hopping she would at least get housing benefit as a shared room as we both live in a 1 bed flat. What I fear is if i put she is financially dependant on me and they check household income they won't give her any help?
                      She can only make an application for Universal Credit. Her UC award will have a housing element similar to housing benefit. Your household income does not matter with regards to her application.

                      also would she be able to rent a flat on her own or i have to be with her?
                      You do not necessarily have to live together with your mother for her to be considered financially dependent on you. So, she will be able to rent a flat on her own.

                      I am an Immigration Adviser with Clowes Bureaucracy Experts LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice at level 2, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aron F for full details.

                      Comment


                      • #12
                        Hi Aron F

                        Thanks for the useful information.
                        She applied for UC in mid October we are having help from the council and the hospital to provide evidence of her disease.
                        We are still waiting. they are doing something strange they took 2 months to validate her identity and she still haven't received NINO. But she did the first commitment appointment and they turned off the job search part on the UC website.

                        Now I have another issue regarding I wasn't able to apply for pre-settled for my mother because she been in the hospital and I haven't rushed because I know the deadline been moved to June 2021. But I was wondering would she still have all her rights and her card valid till June e.g. if she gets accepted for UC would they keep paying her till June or from January 2021 they would ask her to get pre-settle?

                        Finally, given she does not have settled status would she only recieve UC for 6 months only or because she is not fit to work she would be able to continue UC beyond 6 months?

                        Kind regards and happy holidays!

                        Comment


                        • #13
                          Originally posted by Gack2009 View Post
                          Hi Aron F

                          Thanks for the useful information.
                          She applied for UC in mid October we are having help from the council and the hospital to provide evidence of her disease.
                          We are still waiting. they are doing something strange they took 2 months to validate her identity and she still haven't received NINO. But she did the first commitment appointment and they turned off the job search part on the UC website.

                          Now I have another issue regarding I wasn't able to apply for pre-settled for my mother because she been in the hospital and I haven't rushed because I know the deadline been moved to June 2021. But I was wondering would she still have all her rights and her card valid till June e.g. if she gets accepted for UC would they keep paying her till June or from January 2021 they would ask her to get pre-settle?

                          Finally, given she does not have settled status would she only recieve UC for 6 months only or because she is not fit to work she would be able to continue UC beyond 6 months?

                          Kind regards and happy holidays!
                          Morning,

                          To clarify, the deadline hasn't been moved to the end of June, that has been the deadline all along ever since the Withdrawal Agreement was signed off at the end of January 2020, meanwhile, EU nationals can still prove their rights with their passport or ID card, if she qualified for benefits this year, this won't change tomorrow.

                          I'll leave it up to Aron F to answer the more detailed benefits questions, although being New Year's Eve, you may not get an immediate response, as lawyers also take a break.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14
                            Morning Site Admin

                            My mum is EU family member. So nothing changes between today and tomorrow for her? I can try to go to hospital and try to submit application using the app or is it not necessary and can wait few weeks?

                            Thanks

                            Comment


                            • #15
                              Originally posted by Gack2009 View Post
                              Morning Site Admin

                              My mum is EU family member. So nothing changes between today and tomorrow for her? I can try to go to hospital and try to submit application using the app or is it not necessary and can wait few weeks?

                              Thanks
                              Nothing changes between today and tomorrow in this respect, there's no requirement for EU nationals to have status till the end of June.

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                              Comment

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