IMA welcomes DWP commitment to review wrongly refused Universal Credit Claims of Pre-Settled Status holders
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) welcomes the Department for Work and Pensions’ (DWP) commitment to review Universal Credit claims that were wrongly refused to third country national family members of EU citizens holding Pre-Settled Status (PSS).
The IMA has previously published updates in relation to our work following the SSWP v AT ruling at the Court of Appeal which said PSS holders facing destitution could claim Universal Credit by relying on the Charter of Fundamental Rights.
Following extensive engagement with the IMA, the DWP accepted that the protections in this case should also apply to third country national*. family members of EU citizens with PSS. It amended its caseworker guidance to include these citizens where they make new claims.
The IMA has continued engagement with the DWP about what these changes meant for people who had claims refused prior to the updates. The IMA feared that this potentially vulnerable group of citizens could be at risk of destitution because they were not able to access the benefits to which they were entitled.
The DWP has confirmed it will undertake a review of Universal Credit claims from third country national family members having acknowledged that its previous approach was incorrect prior to the change in guidance.
The IMA is also urging third country nationals who may have been refused a Charter assessment prior to the guidance change and are still facing destitution to consider whether to re-submit their Universal Credit claim. Organisations that may be available to help are listed on our website.
Chief Executive of the IMA, Miranda Biddle, said: “We are pleased that DWP has taken action to update this guidance following engagement with the IMA.
“We look forward to DWP setting out its next steps to address these issues.
“The IMA will continue to work with public authorities, including the DWP, to ensure eligible citizens can continue to live in the UK, working, studying and raising their families as they did before Brexit and will provide further updates. ”
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.
*A third country national is a national of any country other than an EU country or Iceland, Liechtenstein or Norway.