EEA2 HOLDER CLAIMING UNIVERSAL CREDIT

Hi there,
Hope everyone is safe and well! I need help with my UC application.

My Wife is a Non EU National with EEA2 and I am a British National.

I have a question and not getting answer from any where please help me with it.

I applied for UC in joint name due to this covid situation, However we had a call from UC saying that my wife is not allowed to claim? they have declined her claim and ask me to continue my claim as a British citizen.

As EEA2 card does not say no recourse to public funds, and My question is Non EU national with EEA2 visa are allowed to claim? why did they declined? what can we do?

The problem is it doesn't say anything about public funds.....

Appreciate any advice

Thanks

kunfayakun wrote: ↑

Wed Apr 29, 2020 1:48 am

Hi there,
Hope everyone is safe and well! I need help with my UC application.

My Wife is a Non EU National with EEA2 and I am a British National.

I have a question and not getting answer from any where please help me with it.

I applied for UC in joint name due to this covid situation, However we had a call from UC saying that my wife is not allowed to claim? they have declined her claim and ask me to continue my claim as a British citizen.

As EEA2 card does not say no recourse to public funds, and My question is Non EU national with EEA2 visa are allowed to claim? why did they declined? what can we do?

The problem is it doesn't say anything about public funds.....

Appreciate any advice

Thanks

Looking back at your posts, I see that you said you used Ireland and the SS route to get your wife to the UK. Then in September you said she was applying for settled status. Those with "Settled status" can apply for benefits.

If she has lost her job, she doesn't need "settled status" to claim New Style JSA for herself, as that is a Contribution based benefit and is not public funds. The New Style Jobseekers allowance benefit, is for those who have been working in the UK for the last 2 relevant tax years and is not means tested (your earnings do not reduce her New style JSA payment).

JB007 wrote: ↑

Wed Apr 29, 2020 8:44 am

Looking back at your posts, I see that you said you used Ireland and the Surinder Singh route route to get your wife to the UK.

Correction, in this post it stated the wife is the British citizen and the husband is the non-EU citizen. Is somebody else using your account?
eea-route-applications/using-surinder-s ... l#p1230717

Who is the non-EU citizen? You or your wife?

Hi there many thanks for the response,
We have used this for myself and my sister as we all since we are on a same boat however the we both did not apply for the settlement yet as we have not got enough documents to prove the 5 years continues residency so we are waiting until this lockdown finishes to collect some bank statement anyways I am a British citizen and my wife is a no eu national holding this eea2 residence card, we both working but not atm so I applied for this universal credit and it says since we live with the partner, we have to apply for a joint claim and we did it but couple of days ago we had a phone saying that my wife's claim has been declined.

So my question is As an EEA2 card does not say no recourse to public funds, and My question is Non EU national with EEA2 visa are allowed to claim? or Not?

Thanks

kunfayakun wrote: ↑

Wed Apr 29, 2020 7:21 pm

So my question is As an EEA2 card does not say no recourse to public funds, and My question is Non EU national with EEA2 visa are allowed to claim? or Not?

Thanks

Have you looked to see how little money Universal Credit will give you?

When the UK found they were paying more in benefits than they were taking in income tax, they overhauled the UK's welfare system to make the UK less of a target. The UK welfare reforms took over a decade to come in, but now the UK will be giving less welfare money than some other EU countries.

UC also has work requirements for the adults and minimum earning the claimants must make each week, unlike most of the means tested benefits UC has replacesd/is replacing.

If you have both been contributiong to the UK then you might get more benefit money on the contribution based job seekers (called New style JSA), than the relevant allowance for Universal Credit, even if your could claim UC as a couple. New Style JSA is not a public fund and is a temporary help for those that have been contributing to the UK.

If both you and your wife have been working for the past two tax years, then you can each make your own claim for New Style JSA. Unlike Universal Credit, the earnings of a parter will not reduce this contribution based benefit payment for the claimant. Claim Universal Credit too (a means tested benefit and a public fund) and pound for pound will be reduced from the UC payment.

You could always ask the CAB to carry out a benefit calcultaion for you.

JB007 wrote: ↑

Thu Apr 30, 2020 7:06 am

UC also has work requirements for the adults and minimum earning the claimants must make each week, unlike most of the means tested benefits UC has replacesd/is replacing.

Adding that due to Covid-19, the work requirement for UC claimants has been suspended for a few weeks and becasue of that, I assume the sanctions too. Also due to Covid-19, there is a temporary rise in the standard and housing elements of UC.

Whether your non-EEA citizen can claim benefits from the UK as she is using EU rules, you might have to ask on the EEA route board. I think that all comes down to if she has the EU right to reside?

My very limited understanding of the Surinder Singh route is that you (the British citizen) have to be a quailfied person at all times for your wife to continue to have a right to reside in the UK? That if you are being a self sufficient qualified person or a student qualified person, then she must have Comprehensive Sickness Insurance to have a right to reside in the UK? That if you are a worker qualified person then she has a right to reside in the UK and does not need to buy a Comprehensive Sickness Insurance policy?