Universal Credit denied - 6 months pregnant

[valencia88]

Hello,

I am a Swedish national who has been in this country and worked since 2009.

I recently lost my job and had to claim Universal Credit and look for a new one whilst pregnant. I just had news today that they denied my application for UC, as I only have jobseeker status in this country. What have I payed thousands of pounds for over the years, I do not know.

What happens next?
I have made a mandatory reconsideration with them, but I am not very optimistic to be honest. What happens when my baby is born, will we both be "jobseekers" from the day she is born, will I not get any help? I cant work and wont have anybody to employ me with a newborn, this is EUROPE for gods sake.

Completely panicking...

Why did you lose your old job?
You may be able to claim Maternity Allowance

I’ve no idea but it really doesn’t sound right. I would start with the CAB.

They were cutting down costs at my old job and I was made redundant. I have provided the council and job centre with all these document and P45's and 60s it even says in my UC letter where they denied my claim that I have a good history of employment.

It is jobseekers because you are before your 29th week of pregnancy. Once you get to 29 weeks they will put you on income support if you are a lone parent. You will then stay on income support until you find work or I think but don’t quote me it’s now until your youngest child is 3

Head for the CAB and they will be able to advise. I really don’t know how it works but it seems like they’re failing you on the habitual residence test? Which is nonsense. But as I say I really don’t know, your local CAB can check all your papers and help you.

I cannot help with your current situation, but if you have 5 years of continuous work in UK (ie. P60s), you might want to apply for permanent residency card. You can use any 5 years, it doesn't have to be the last 5 years. This will also mean your child will be British (if you don't have British partner). If you are on facebook, there is good group that helps EU citizens with queries getting this card (search UKCEN).
Good luck

ICanOnlyLaugh that is complicated by www.socialwelfaretraining.co.uk/news/right-reside-universal-credit-change

If she had been here less than 5 years she'd be on a pathway for a limited claim of probably 6 moths www.housingsystems.co.uk/Portals/0/Documents/Summary Sheets/Universal Credit/EEA Nationals/EEA National And UC flowchart Dec 2016.pdf?ver=2016-12-16-070754-470

The decision appears incorrect though because she has been here working for more than 5 years www.entitledto.co.uk/help/Permanent_right_to_reside

It does need specialist casework with up to date caselaw. Sometimes MN refers people too readily to CAB where it's a basic issue with info available to all, and on things they don't cover in plenty of areas, but this is a clear example where it is needed!

OP, as you have been here for 9 years working you could also enquire about citizenship. Though the fee is high www.gov.uk/apply-citizenship-eea

Does it say you have failed on the habitual residency test ? Otherwise it may just be that on UC when you reach 28 weeks you will have no job seeking requirements. Have you handed them your MAT B1 form. Do you have a partner?

I don't know anything about universal credit, but as you have been living here for 9 years, and assuming you have worked for 5 years during that time, you are already a permanent resident by default. A permanent residency card only evidences that status, it does not confer it. Therefore you are entitled to full benefits. That doesn't mean that the UC team understand this.

And yes, if your child is born in the UK, they will be British automatically if you are a permanent resident.

Thank you very much for all your replies, you are so helpful!

Yes, I have failed the habitual recidency test.

Please see the decision below,

Decision
On the evidence provided, I have determined that from 21.06.18, does have a right to reside in the UK as a jobseeker, as
defined in the Immigration (European Economic Area) Regulations
2016.
However, this is a right to reside that is excluded for Universal Credit
purposes, by virtue of regulation 9(3) of The Universal Credit
Regulations 2013.
is not entitled to Universal Credit from and including 21.06.18.
which exists by virtue of, or in accordance with✹
(a) regulation 13 of the EEA Regulations or Article 6 of Council
Directive No.2004/38/EC;
(aa) regulation 14 of the EEA Regulations, but only in cases where the
right
exists under that regulation because the person is✺
(i) a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker or
(ii) a family member (within the meaning of regulation 7 of those
Regulations) of such a jobseeker; or
(b) regulation 15A(1) of the EEA Regulations, but only in cases where
the right exists under that regulation because the claimant satisfies the
criteria in regulation 15A(4A) of those Regulations or article 20 of the
Treaty on the Functioning of the European Union (in a case where the
right to reside arises because a British citizen would otherwise be
deprived of the genuine enjoyment of their rights as a European.
The above right to reside and habitual residence determination was
made in accordance with Regulation 9(1) and (2) of the Universal Credit
Regulations 2013.

They are aware of that I am pregnant, I got reduced hours to job search due to pregnancy and my case worker was actually outstanding, unfortunately, she didn't make this decision.

Yes, I have a british partner. This does not help my claim at all, from what I understand. The reason it was denied is because according to the UC team :

As has been living in the UK for 5 or more years, I have
considered whether she has gained a permanent right to reside. J has not provided sufficient evidence of her residence status to
demonstrate she qualifies for a permanent right to reside. She has not
provided any details of employment other than her most recent job. Although available records show that ** has a good history of
employment, there are a number of jobs listed and it is not possible to show that the employment has been continuous. In addition, there are years where neither employment nor benefit is recorded.
is not currently working and therefore cannot have EEA
worker status. last worked on 08.11.17. She is unable to retain worker status because there is no evidence to suggest that her work ended due to illness or pregnancy, but instead she stated that she was made redundant.
She left a period of 7 months before making her claim to UC and I do not
accept that this is reasonable.
She is not a family member of an EEA National who is in employment and
she is not a student with comprehensive sickness insurance, or a selfsufficient
person with comprehensive sickness insurance.
has jobseeker status because she agreed a claimant
commitment on 17.07.18 confirming that she will spend 25 hours each week,
looking and preparing for work. She has also registered with an employment
agency, created a CV, applied for jobs and attended interviews. She has a genuine chance of engagement and has not previously exhausted the 91 days allowed to a person with jobseeker status.
However, the right to reside as a jobseeker is specifically excluded from
qualifying for Universal Credit.
claimed Universal Credit from 21.06.18.

I do not know my benefits law but I do know my immigration law. You are already a permanent resident of the UK (assuming you had a 5 year period of work in that 9 years) and all the reference to being a jobseeker etc under the European Regulations is completely irrelevant. However, to be fair to them, they can only go by what they have seen. If they have no explicit evidence that you are a permanent resident, then they wouldn't know not to treat you as a 'normal' EEA national.

I would suggest you ask them what documents they would need to see to prove that you are a permanent resident of the UK. There is no requirement for you to hold a permanent residency certificate, but it may be a case that they will only accept that as the evidence (e.g. providing 5 years worth of P60s may also prove it but it's not in their list of documents).

Can I not contact HMRC and ask them for some type of proof of taxes I have paid over the years? I have had many jobs and worked a lot of temp agency jobs, in which they dont give you a P60 or P45 so difficult for me to prove employment, but surely - there must be a way for me to prove which years and the amounts of TAX and NI Contributions I have paid since 2009?

Not sure if it helps but you can go online via government gateway I believe to check your NI record. Maternity Allowance e may also be payable if you were employed during the 'qualifying period' which you can check online too.

BTW live how the letter is so clear, easy to read and makes perfect sene. Hiding behind legislation references is bollocks, they can reference it but they should also bloody well explain it. Charlatans. Sorry.

Congratulations on your pregnancy and sorry this has happened. Is babies father a British Citizen? It probably doesn't make a difference but it bloody should!!
I hate these kinds of things - my DH is a Portuguese national and it drives me crazy - Where did all the tax you paid go if you aren't allowed to utilize the same system?! I hope they see sense.

@valencia88 I meant a CAB (or local law centre or other welfare rights) caseworker. This is clearly complex as you have had a lot of different jobs. You will need to draw up a list of the jobs and start dates and end dates for them and get the HMRC documents and where possible from employers. There will be quite a lot of paperwork and checking of it to do here.

Your eligibility may also be different after 29 weeks because you would be an Income Support type claimant but you need to see someone who is up to date on the case law and can check your personal documents.

OP that’s exactly what the CAB can help you with

Was your employer aware of your pregnancy at the time of selecting you for redundancy? Are you confident the redundancy process was followed properly?

You can be made redundant whilst you are pregnant but not if the pregnancy was the main reason you were selected. If it was, that is discrimination and you could challenge the redundancy.

Something else to check with CAB, perhaps?

Does your partner work ? Maybe you just aren't entitled to any UC ?

She was made redundant in November according to the letter text, so that was before she was pregnant.

Do you live with your partner OP?
I thought maybe not as there isn't a partner mentioned in the letter text.

If your partner works and you are making a joint UC claim then it's highly unlikely you would get anything anyway unless your rent is particulary high or something. maybe you would be better trying to claim a contributions based benefit like New styles JSA ?

What I'm reading to be the issue is that they don't think you've evidenced that you've been in the UK for 5 years continuously under the rules, ie. worker, self-employed, student, self-sufficient or jobseeker.

This is a real issue for EEA mums married or in a partnership in this country who have opted to be a stay at home parent and then find themselves separated. They might have lived for 20 years in the country, but can't evidence that for 5 years continuously, they fell under one of the category below. Unfortunately, being married to a qualified person who supported you doesn't meet the criteria.

Therefore, you've been turned down either because indeed, you haven't worked/studied/been self-sufficient/self-employed/claiming JSA for 5 continuous years, or you've failed to evidence it.

could OP claim ESA due to pregnancy perhaps?

There are 2 things you can do for the moment.

1. You can try to show that you have been in the uk for more than 5 years, but by giving them more evidence. Of course they could see it for themselves but it isn't always fair what's happening.
2. Show that you have been a jobseeker for the last 90 days (with some evidence that you applied for jobs, like emails, letters...)

This should approve your universal credit for now. My question is, because I am in a similar situation, if you are on universal credit and you get pregnant (as a EU national), will you continue to get universal credit after the 29th week or will the habitual residence test be triggered again and you can fail it?