Pre- settled status and Housing Benefits

Afternoon wonderful people,


Really I do not have words to express myself how wonderful and helpful people you are, seriously it’s unbelievable, thank you so much all for your time, God bless you all,

On 02 January I will be turned 67, and 05 January my wife will be 66,
I do not want to rely just on only help, but for the moment, I am a professional carpenter and fit to work which I will, given this age and all situation, would we be able to get pension credit for the moment when we turn 67,66 next month ?

Adam_Ghulam wrote: ↑

Mon Dec 28, 2020 3:26 pm

On 02 January I will be turned 67, and 05 January my wife will be 66,
I do not want to rely just on only help, but for the moment, I am a professional carpenter and fit to work which I will, given this age and all situation, would we be able to get pension credit for the moment when we turn 67,66 next month ?

Firstly, age 67 is not considered to be old in the UK. I have craftsmen coming to work in my home who are in their 70s and 80s. You and your wife will be finacially better off working, than struggling on low income benefits.

Now that you have put the birth dates, it is easier to calculate on the link I gave above. You go by the youngest of a couple and that shows that somebody born 5/1/1955 qualifies for Pension Credit on 5 January 2021.
However, the UK's transition period from the EU ends on 31 Decemebr 2020 and you are only on pre-setttled status (Limited Leave to Remain). The citizens advice site states that those with pre-settled status likely cannot have/continue to have, Pension Credit or be housed by the council from 1 January 2021.

You and your wife working will make it easier to find a place to rent. That might also negate the need for your son to be your guarantor and therefore be liable for all your rent.

Sir before i advised you on Pension Credit, I went on the Pension credit assessment link and put in a 1955 date of birth and realised you qualify and hence the reason i advised you that.

It is holiday time, so it will be an unproductive use of my time to argue others that you indeed qualify.

As I said, irrespective of the position with Pre Settled that is going through the court, you will still qualify, as your rights derives from the directive as things stand, on the 01-01,you will continue to qualify under the withdrawal agreement.

I pay respect to all of you who spare time for me

Just to make it clear, from 2020 the UK state pension reritement age became age 66. This age will continue to rise for both men and woman and will relect the growing life expectancy.

You can of course retrie as early as you like as long as you have the money and private pensions to support yourself.

It will be interesting to see from next month, whether those on pre-settled status can claim/can continue to claim public funds via their EEA citizen sponsor, as they could di under the EU regs when the UK was a member state. UK Public Funds are most benefits, emergency housing and being housed by the council..

The court case is about those with pre-settled status not being able to claim Universal Credit. Even under the EU regs, jobseekers to the UK were prevented from claiming UC (rent money, money for themselves and money for their children).

secret.simon wrote: ↑

Sun Dec 27, 2020 8:20 pm

Casa wrote: ↑

Sun Dec 27, 2020 8:14 pm

The High Court have ruled that under the Universal Credit regulations pre-settled status is not considered to be a right to reside for UC purposes or for any other Public Funds. This would include housing.

Would you have details of the case (link, name of case, etc), @Casa?

Free movement have a lot of it.
https://www.freemovement.org.uk/pre-set ... -credit-2/

Two Romanian citizens who were refused benefits from the UK as they were not being a qualified person, thought they could have UK low income benefits if they got pre-settled status. One has since got settled status and can have Universal Credit.

It's going to be interesting to watch the case continue.

The UC regs 2103 are also quite an intersting read. Apart form making claimants work now, they ended EU citizens arriving in the UK and asking for jobseekers allowance and even if they did work, from claiming money for famaily that lived in another member state.

Obie wrote: ↑

Mon Dec 28, 2020 4:28 pm

Sir before i advised you on Pension Credit, I went on the Pension credit assessment link and put in a 1955 date of birth and realised you qualify and hence the reason i advised you that.

It is holiday time, so it will be an unproductive use of my time to argue others that you indeed qualify.

Really? The state pension calculator needs the exact date of birth and you didn't have that when you advised about claiming PC.
e.g. if she was age 66 on 5 August 2021, her state pension age is 5 August 2021 and that is then their joint pension credit age (if they can claim UK benefits). Before the date she reaches PC age, it would have to be Universal Credit (if they can claim).

Obie wrote: ↑

Mon Dec 28, 2020 1:54 pm

I do not know why you are saying this, but pension Credit qualifying age in England and Wales is 65.

The pension credit age is 66, not age 65. In 2020, the state pension/pension credit age became 66.

JB007 wrote: ↑

Mon Dec 28, 2020 6:11 pm

Obie wrote: ↑

Mon Dec 28, 2020 1:54 pm

I do not know why you are saying this, but pension Credit qualifying age in England and Wales is 65.

The pension credit age is 66, not age 65. In 2020, the state pension/pension credit age became 66.

And please don't tell people it is age 66 either, as it could be age 67 or age 68 for them.

People should never base their future life on what benefits they can get because benefits end or change. Benefit calcultors use the present rules for benefit amounts, even though there known changes and even if that reduction/change would happen from the next day.

This is not a Benefit forum, please we cannot make it into one JB007. This section is only necessary as far as relates to residence rights.

The advise given to OP is in relation to right of residence, which i believe has been answered as far as necessary for the purpose of habitual residence test and claim of benefits . This constant posts is just dragging the forum into what it is not.

Please general advise are fine, constant post specifically on benefits, without the right of residence question being addressed is not allowed. Please desist from doing so.

Thank you , we both will be over 66 in 9 days time .

Thank you very much everyone and I am so sorry for taking your so much time Guys , God bless you all

Adam_Ghulam wrote: ↑

Mon Dec 28, 2020 6:45 pm

Thank you , we both will be over 66 in 9 days time .

But we still don't know if somebody on pre-settled status can claim UK public funds; Citizens Advice states likely these will be unable to claim/continue to claim - time will tell. Pension Credit is a public fund.

Right to Reside and Habitual Residence, for UK benefits, was used for those in the UK on EU regs and the transition period ends in 3 days.

Although Citizens Advice don't always get it right.

It may be necessary to at a later date open a new thread, but that is not necessary at this moment.

All those people who reside in the UK will be able to take advantage of the withdrawal agreeement to claim benefit, so if they have a right of residence under the withdrawal agreement, they will be able to claim benefits.

The Withdrawal agreement essentially incorporates the directive into agreement. If a person is exercising treaty rights or have settled status, they will be entitled to Benefit under the terms of the withdrawal agreement.

The UK did something which created the problem for them in court. Instead of making it a requirement that an EEA national be exercising treaty rights to secure residence rights, they simply said simple residence will secure you a residence rights, and now they want to ignore the effect that springs from EU law, as a result of their actions.

This man's son is a person with Permanent Residence under EU law, and he is dependent on him, and therefore he will be able to claim rights of residence under the withdrawal agreement, and therefore the issue of the Pre-Settled status will not affect him, as he has rights of residence not just under the Immigration rules, but the Withdrawal agreement, as he is the family member of a migrant worker.

Court of Appeal bombshell: EU citizens with pre-settled status CAN claim benefits.

It’s just wonderful to see how wonderful you guys are and going out of the way to help other people out, i truly appreciate it a lot, so in my understanding how the court ruling stands at the moment, as we moved in U.K. 8 months ago and Hold the pre settled status can get the pension credits when we both have reached 66 years( in a week time ), is that correct ?

vinny wrote: ↑

Tue Dec 29, 2020 3:57 am

Court of Appeal bombshell: EU citizens with pre-settled status CAN claim benefits.

I put that link and a quote from that link, above vinny. Part of the quoted section said -
The split decision means that the Supreme Court may take up the case.


Citizens Advice site has now changed from-
After that date, some benefits like Universal Credit, Pension Credit and Child Benefit might stop if you don’t have settled status. You might not be able to get help with housing from your local council.
eea-route-applications/eu-settlement-no ... -2520.html
to
A court has decided people with pre-settled status have a right to reside. This means you might be able to get benefits.
https://www.citizensadvice.org.uk/benef ... om-the-eu/

I assume that if the courts then decide in the UK's favour, that all those on pre-settled status and claiming benefits from the UK, will have those benefits end. Even though they might have rented a property as they thought the UK would pay for them. Some of those will have a contract that means they, or their guarantor, must still pay that rent.

Dear sir JB07,

Thank you so much for your message and explanation, I’m a bit lost,
According to your observations, what do you believe are we entitled to pension credits or not ?
I look forward to hear back from you
God bless you all !

Adam_Ghulam wrote: ↑

Tue Dec 29, 2020 10:37 am

Dear sir JB07,

Thank you so much for your message and explanation, I’m a bit lost,
According to your observations, what do you believe are we entitled to pension credits or not ?
I look forward to hear back from you
God bless you all !

I'm not a lawyer.

According to the citizen advice site, those with pre-settled status can claim claim public funds because of the court case. If you look at the links that vinny and I gave, it seems the UK could appeal that court ruling.

If you are going to work, then any chages won't affect you as you won't be claiming Pension Credit when you work.

Thank you all very much .