IMA works to ensure landmark decision is correctly implemented by UK Government

The Independent Monitoring Authority for the Citizen’s Rights Agreements (IMA) has welcomed the issuing of new guidance to local authorities from the Ministry for Housing Communities and Local Government (MHCLG) about how to assess whether citizens with rights under the Agreements can receive homelessness support.

This follows an important ruling from the Court of Appeal, in which the IMA successfully intervened about whether citizens can rely on the protection of the Withdrawal Agreement to seek support in times of personal crisis in order to avoid destitution.

It has been the IMA’s position that the Charter of Fundamental Rights of the European Union (the Charter) also applies in the context of homelessness support to EU nationals with pre-settled status who are excluded, due to their circumstances, from support.

As a result of the IMA’s engagement with MHCLG, the department has accepted that the Charter applies in a homelessness context and has issued guidance to local authorities on applying and assessing Charter rights to this vulnerable cohort should citizens need to be considered for Universal Credit or homelessness support.

Our work with MHCLG also corresponds to our engagement with DWP to ensure each department fully implements the judgment of SSWP v AT. The DWP has also issued guidance.

Whilst the IMA are pleased that both departments have issued guidance, we are currently working with DWP and MHCLG to address our ongoing concerns that the guidance from each department does not fully implement the AT judgment and excludes certain vulnerable groups to whom we think the Charter applies.

Chief Executive of the IMA, Miranda Biddle said: “Although we are pleased that both the DWP and MHCLG have issued guidance and local authorities now have greater certainty about how they should be considering claims from citizens with pre-settled status for homelessness support, there’s still work to be done to ensure that the guidance is fully understood and implemented consistently.

“Anyone of us can face unexpected life changes where we may need to ask for help and be considered for support. We are therefore pleased that some clarity has been provided to citizens who may find themselves in these difficult situations.

“The IMA will continue to promote the rights of citizens protected by the Withdrawal Agreement and will continue to work with public authorities to raise awareness and understanding.”

The IMA encourages any citizens who have been impacted by the judgment and have experienced issues with either Universal Credit, Pension Credit, Housing Benefit or homelessness assistance to contact us through our online portal.

There are also a number of organisations who may be able to offer advice and support to citizens who need it, you can find more information and links on our website here.