Denied Universal Credit??

[euro2]

Name change.

I've just been denied UC because I failed the Habitual Residence Test.

I've been living here as an EU citizen since 2009 and been paying tax and NI every one of those years.

What the hell?!

Can someone please shed some light??

I haven't applied for EU settled status yet as the deadline isn't until next year. For context I'm married to a Brit and have 2 British-born children.

My DH and I need UC because we're both self-employed and now completely fucked due to Covid/lockdown/on-going uncertainty.

You should have received a letter explaining why you’ve failed the test - what does that say?

That's shit.

First of all, you need a Mandatory Reconsideration. Check this link for the grounds on which you would be exempt or would pass.

www.turn2us.org.uk/Benefit-guides/Habitual-Residence-Test/Failed-Habitual-Residence-Test-what-to-do

Bastards.

@RemyHadley the letter just says I've been denied and they'll send a follow-up letter to confirm. Not helpful, I know.

HRT have a good rate of success on appeal.

Apply for settled status now.

Your DP should still receive standard rate single allowance with any additions.

What did the letter give as there reasons.

This is an amazing resource thanks so much @MitziKN at its best

Did you make a joint claim and they turned it down but stated it was because of your status?

Your DH won’t have been denied though, only you. The onus is on you to show evidence to support your right to reside. I can’t believe you haven’t applied for settled status, it’s free and takes a few days, the deadline might be next year but the government hasn’t firmed up legislation past the end of 2020 so why would you wait?

Also in your circumstances you will have numerous ways to satisfy the HRT and DWP have been seriously shit to miss all of them.

@DianaT1969 we made a joint claim and are waiting to hear back how it affects DHs side. We can't wait till October for our first payment and desperately need to apply for an advance but can't do that yet as still in the system.

I've just done my Settled Status application and wait time says 5 working days for processing. When the scheme originally came out it was only on Android (DH and I iPhone) and there was a 3 week wait at the council office for them to approve my identity. Anyway, it's done now! Once I've got that I'm going to appeal my HRT decision.

I moved here when I was 21 and now I'm in my 30s. Really not sure on what basis they have denied me. There's a number on my letter saying I can call them for further explanation but apart from that it just says I've been denied and will receive another letter confirming this. So confused!

Thank you so much to everyone who responded. I was crying and really hurt by the decision plus delay in our UC application.

UC shouldn't work like that they should process it and pay your DH, no need to delay unless you cant prove ID, you would still be on his claim, he would just be paid as a single person (with children and housing costs if applicable). He can then apply for an advance.

Then once your settled status notice arrives (that will probably be the easiest and quickest route) your DH updates his journal asks them to add you to the claim and backdate it. That is all he needs to do for a mandatory reconsideration so no appeals, they just adjust the claim and pay the extra.

The HRT has two parts are you resident in the UK and do you satisfy the right to reside test to claim benefits. They will have refused you on the second part because they have not asked the correct questions at interview. Being in the UK for 9 years or more does not automatically entitle anyone to benefits, despite what the media say.

Thank you so much @fatgirlslimmer I'll tell DH about updating his journal when I get my settled status approved.
Yes the questions asked were really confusing and it's all online now so I can't ask for clarity or any back-and-forth which is stressful. I was really surprised that a decision was made so quickly and finally. I thought I answered all questions correctly and satisfactorily.

@euro2 I'm sure you did but few processing staff ask the right questions as they are often not trained in HRT. You can call UC and speak to a case manager but it may be a while before they answer.

Ok so my Right to reside application has been granted (that was quick!) so do I update my journal and ask them to reconsider?

I still don't understand why I failed the HRT. I told them I've been here for 11 years and proved I've paid tax and NI for the last 5 years as requested. I called UC helpline and they couldn't give me an answer and said I need to speak with my case manager and request a callback.

I suggest you login and make a note requesting a call on the Journal part.

Go for the MR first. Don't wait around for a call that will never come

Do you mean your settled status has been granted or do you mean DWP have granted right to reside?

If it’s the first then put an entry in your journal under the subject payment tell them settled status has been granted and what date from and ask to confirm that they will now add you to the claim.

Have they accepted your DH, what was the date of claim?

My partner had the same issue despite living here for 20 years. 2 years later and they still haven't heard the appeal!