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Access to means-tested benefits for EU citizens with pre-settled status DWP can't allow review Mandatory reconsideration

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  • Referred to Lawyer Access to means-tested benefits for EU citizens with pre-settled status DWP can't allow review Mandatory reconsideration

    Hi

    Applied for Pension credit application with pre settle status and told by DWP that they are not able to make a decision untill supreme court make a decsion so applciation on hold until than

    "DWP we cannot pay you this is because there is case like yours that has an appeal to the supreme court"

    any advise what to do next ? case in supreme court can take years and applicant can use financail help now due to bad health

    DWP call center adamant that there is no review option as the case is in supreme court

    Thanks

  • #2
    Originally posted by Bluepink_dolphin View Post
    Hi

    Applied for Pension credit application with pre settle status and told by DWP that they are not able to make a decision untill supreme court make a decsion so applciation on hold until than

    "DWP we cannot pay you this is because there is case like yours that has an appeal to the supreme court"

    any advise what to do next ? case in supreme court can take years and applicant can use financail help now due to bad health
    Morning,

    You will find full details about this ongoing case, here: Access to means-tested benefits for EU citizens with pre-settled status | CPAG

    The website above belongs to the organisation who first launched the legal challenge against the DWP, who had a judgment against them, but they have been defending their position tooth and nail with appeals, going all the way to the Supreme Court.

    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
      They have also put together this document: Advice for claimants

      ...where they say:
      Claimants with pre-settled status who are now or have been within the last 13 months refused benefit

      This section applies where:
      • a decision refusing (or ending entitlement to) one of the benefits above, because they are said not to have had a sufficient right to reside, has been made on or after 01 January 2021; and
      • at or before the date of that decision the claimant had been granted pre-settled status
      A claimant to whom the above two points applies should now take the following action:
      • If the decision was made within the last 13 months and was about entitlement to housing benefit (where mandatory reconsideration does not apply) or did not state that a right of appeal would only arise once a request for revision had been refused then the claimant should immediately appeal. If the appeal is being made more than one month after the decision then reasons for lateness should be given- these could include that the claimant was unaware they had a case until they or their adviser became aware of this judgment.
      • If the decision refusing benefit has not yet been challenged and was made within the last 13 months (or for tax credits 30 days plus 12 months), they should immediately apply for a “revision” of the decision (i.e. a “mandatory reconsideration”).
        • They can do this over the phone, in writing or, if the benefit is universal credit, by posting a note on their online journal (if they have no online journal as their claim was refused and they have not reclaimed they can make a new claim and then when the new journal is created make an entry on this requesting a mandatory reconsideration of the decision refusing their previous claim.
        • Where the decision being challenged was made over 1 month ago but still within the last 13 months then the mandatory reconsideration note should explain why they could not bring the application earlier: one reason might be that it was only the result in this case which made them aware that they could do so.
        • It is important that if the claimant also has an alternative qualifying right to reside they additionally refer to this in any mandatory reconsideration request.
      • If the claimant has sought a mandatory reconsideration and it has been refused and the claimant has not yet appealed to the First-tier Tribunal then they should immediately appeal against the decision. The ground of appeal can be simply that the decision was wrong as at the time it was made they had pre-settled status which Fratila shows was a sufficient right to reside for them to obtain benefit.

      Note: Once the claimant appeals (or if they have already done so) then the First-tier Tribunal could decide to “stay” its consideration of the case pending the result of the Secretary of State’s appeal to the

      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


      • #4
        Originally posted by Bluepink_dolphin View Post
        DWP call center adamant that there is no review option as the case is in supreme court
        You don't need to deal witht the call centre, you can download a form to fill in from this website: Challenge a decision made by the Department for Work and Pensions (DWP) - GOV.UK

        ...where they also say:
        Send your completed form and any relevant evidence to the address at the top of your decision letter. The notes document gives examples of evidence to provide.

        You can also challenge a decision by calling the benefit office, or by writing a letter.
        So you can easily bypass the call centre as can be seen above.

        Direct link to mandatory reconsideration form.

        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


        • #5
          I have also put together a post with the above info for the benefit of others who are in a similar situation: Pre-settled status and access to benefits - UKCEN Citizenship and Residence for European Nationals and their families

          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


          • #6
            just to clarify they told me that there is no decision made at this stage that's why we can not ask for review, so do you still recommend requesting a review using the FORM?

            Comment


            • #7
              Originally posted by Bluepink_dolphin View Post
              just to clarify they told me that there is no decision made at this stage that's why we can not ask for review, so do you still recommend requesting a review using the FORM?
              If you made a claim, they had to make a decision, either they approved your claim or they refused it. They can't just tell you there was no decision made so you can't apply for a reconsideration. They tried this with me years ago, long before settled status and Fratila, I contacted my MP who got it all sorted.

              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


              • #8
                Thanks very much for your kind reply

                what reason I should give in the mandatory review form ? why i want that they should review please check below?

                ""
                Thanks for your reply dated 10th July 2021, I respectfully want to bring to your attention that the case in the supreme court does not apply to applicant **** as she is exercising her treaty rights since 2018 when the UK was still part of the EU and have pre-settled status before UK left EU.
                Please see the documentation supplied as per your request in the past on the applicant case and review this as mandatory reconsideration
                1. Pre settle status letter May 2020
                2. Resident permit 02/2019
                3. EU Dependent family visa 01/2018
                4. GP/attendance allowance/hospital record
                Looking forward to your kind reply as the condition in your letter does not apply to the applicant's circumstances and is an error. ""

                Comment


                • #9
                  Originally posted by Bluepink_dolphin View Post
                  Thanks very much for your kind reply

                  what reason I should give in the mandatory review form ? why i want that they should review please check below?

                  ""
                  Thanks for your reply dated 10th July 2021, I respectfully want to bring to your attention that the case in the supreme court does not apply to applicant **** as she is exercising her treaty rights since 2018 when the UK was still part of the EU and have pre-settled status before UK left EU.
                  Please see the documentation supplied as per your request in the past on the applicant case and review this as mandatory reconsideration
                  1. Pre settle status letter May 2020
                  2. Resident permit 02/2019
                  3. EU Dependent family visa 01/2018
                  4. GP/attendance allowance/hospital record
                  Looking forward to your kind reply as the condition in your letter does not apply to the applicant's circumstances and is an error. ""
                  Hello again,

                  Where did that text come from? Was it from someone you consulted about 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


                  • #10
                    no its not from someone, I wrote it as I am not sure what to write in the section why you want the mandatory review

                    Comment


                    • #11
                      Originally posted by Bluepink_dolphin View Post
                      no its not from someone, I wrote it as I am not sure what to write in the section why you want the mandatory review
                      Morning,

                      Ah, I see, as you were writing in the third person, rather than the first, this sounded like something the CAB or someone like that would have prepared.

                      Your wording mentions an EU dependant family visa, would you be able to clarify what this is? Your profile shows you being an EU national, does this relate to a family member, such as a parent, who obtained a residence card as a non EU family member, a dependent parent? The more detail we have the better, as the DWP's argument is that pre-settled status, in itself, isn't a valid right to reside for the purpose of benefits, claimants with pre-settled status need to have another right to reside, so it's important to show this if that's the case.

                      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


                      • #12
                        yes it's for my mother in law(non-eu) who is my dependant and arrived in the UK in 2018 as a family member of EU(I am EU settle status been in the UK for last 16 years) and was working from 2005 to 2018 and provided all the paperwork to DWP

                        I am now her carer (not claiming though) due to her bad health and disability

                        Thanks

                        Comment


                        • #13
                          Originally posted by Bluepink_dolphin View Post
                          yes it's for my mother in law(non-eu) who is my dependant and arrived in the UK in 2018 as a family member of EU(I am EU settle status been in the UK for last 16 years) and was working from 2005 to 2018 and provided all the paperwork to DWP

                          I am now her carer (not claiming though) due to her bad health and disability

                          Thanks
                          In that case, she should have a right to reside under EU law as well as pre-settled status.

                          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
                            so back to my original question is my text okay to include in the mandatory review form or what reason I should give for review?

                            Thanks

                            Comment


                            • #15
                              Aron F (lawyer) Are you able to comment on the above?

                              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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