Pre- settled status and Housing Benefits

[Adam_Ghulam]

Dear respected members,

One of my old friend referred me here, I apologie if my post is not relevant topic for this specific group, I am just looking for some help, we ( me 66 and my wife 65 ) are here on pre settled status both Non Eu, have been living with our son and his family, our son support us and pay towards our each and every expense+ transfer to us £100 every week so we can live independently, me and my wife need a little space for good and see them every week or so ( do not get me wrong this is what I think it’s best at our age, house seems crowdy + all other aspects as you respected people can understand the situation) .
I talked to my son and he was upset , he agreed with me for good,
So we ( me and wife ) are now looking for a flat where we can live and every so often go and see my son and his family.
My son already support us with £400 a month and I know it will not be possible for him to pay two rents, I am a professional carpenter and looking for work but unfortunately due to current circumstances have been unlucky( I am fit to work),

I will appreciate if someone can help us, if I take a flat on rent, is there be any help available for some time until I get work ?

[Casa]

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.

What nationality do you both hold?

Member @JB007 is better placed to advise further on the Universal Credit regulations.

[secret.simon]

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?

[Obie]

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.

What nationality do you both hold?

Member @JB007 is better placed to advise further on the Universal Credit regulations.

Well fortunately the court of Appeal recently overturned the High Court decision and ruled that people with Pre settled status can claim benefits you can see the case below https://www.bailii.org/ew/cases/EWCA/Civ/2020/1741.html

[Obie]

If your son support you for some part of your essential needs, and your son is working or have right of permanent residence, then yes you may claim benefits, irrespective of your status.

[Adam_Ghulam]

Dear sirs,


Thank you so much for your kind feedback, yes he support us, he transfers every week £100 in our joint account,

In regards to the Universal tax credit, I’m not sure if you can claim once you get to state pension age, we both are over 65, and therefore not sure what we are entitled to .


I pay respect to all those who try to resolve my query .

Kind Regards

Adam

[Adam_Ghulam]

Furthermore to add within the last comment of mine, yes he has permanent residence card, two years ago and Naturalised as a citizen of this country and he has always been working after becoming citizen of this country . He is Eu and U.K. citizen .

[Casa]

@Obie Thanks for the update. I was still following the previous ruling.

[Obie]

@Obie Thanks for the update. I was still following the previous ruling.

I don't blame you, as it was a recent judgement.
Most people are hardly. Had it not been for the fact that I am a bit of a legal geek, and seek out these cases, i would not have known either.

[Obie]

Furthermore to add within the last comment of mine, yes he has permanent residence card, two years ago and Naturalised as a citizen of this country and he has always been working after becoming citizen of this country . He is Eu and U.K. citizen .

Then you should be able to get pension credit, which will help.

[Casa]

In regards to the Universal tax credit, I’m not sure if you can claim once you get to state pension age, we both are over 65, and therefore not sure what we are entitled to .

To the best of my knowledge, if you are both over the age of 65 you would apply for Income Support, not Universal Credit.

However, it may be a challenge to find a private landlord who would rent you a property if you are relying solely on the £100 per week from your son and whatever you may be entitled to claim in benefits.
Even more so as neither of you have the permanent right to reside in the UK yet.

[Adam_Ghulam]

Honestly, Obie, Casa, you are wonderful people and helping the people in need, i pay respect to you, I thank you from my heart to try to find the answers for me and appreciate it very much, I wish and pray for you to have health and life ahead.

I’m not sure if we can claim pension credits, not getting work due to current COVID crisis since we arrived in the U.K. it has been 8 months .

It will be a big challenge for us in these circumstances to find a property, we (me and wife) have consulted this and come to this conclusion today but not sure how to manage all this situation.

[Obie]

Well given your age, you will fall into priority list for housing, under housing law.
You will be able to get sheltered accommodation as you are 65 years of age.

[Adam_Ghulam]

Thank you so much for answering my question, in given situation am I entitled for pension credit?

[JB007]

Then you should be able to get pension credit, which will help.

They cannot have Pension Credit as they are too young to claim that. Both are of working age.

For PC, both need to be of UK state pension age. It's going to be a good few years yet before they can claim PC, if PC is still around then.

[Obie]

Then you should be able to get pension credit, which will help.

They cannot have Pension Credit as they are too young to claim that. Both are of working age.

For PC, both need to be of UK state pension age. It's going to be a good few years yet before they can claim PC, if PC is still around then.

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

The OP said he and his wife are 65 and 66 years of age respectively.

So I do not get your point.

[JB007]

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.

What nationality do you both hold?

Member @JB007 is better placed to advise further on the Universal Credit regulations.

Well fortunately the court of Appeal recently overturned the High Court decision and ruled that people with Pre settled status can claim benefits you can see the case below https://www.bailii.org/ew/cases/EWCA/Civ/2020/1741.html

It was however a split decision: Lord Justice Dingemans dissented. He would have found, like the High Court, that this is mere indirect discrimination that could be justified. The split decision means that the Supreme Court may take up the case. Garden Court North Chambers says that “the effect of today’s decision has been temporarily stayed while that is considered”. So in the short term there will be no change to benefits rules for EU citizens.
https://www.freemovement.org.uk/court-o ... -benefits/

The other problem is I doubt if any landlord would rent anybody a property to those who live on benefits, unless they have a guarantor (their son?)
https://www.citizensadvice.org.uk/housi ... guarantor/

which would mean that when the UK appeal and if they win, then their Universal Credit6 would stop but the tenenacy agreement would mean that their guarantor is now liable for all the rent.

Universal Credit was written to stop EEA jobseekers and their non-EEA fmaily members, from claiming welfare benefits from the UK.

[JB007]

Then you should be able to get pension credit, which will help.

They cannot have Pension Credit as they are too young to claim that. Both are of working age.

For PC, both need to be of UK state pension age. It's going to be a good few years yet before they can claim PC, if PC is still around then.

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

Because it is the facts.

The OP said he and his wife are 65 and 66 years of age respectively.

Age 65 is not UK state pension age.

So I do not get your point.

The point is they are too young to claim Pension Credit as both have to be of state pension age for PC.

Even of one person is of UK state pension age, they still cannot claim PC as the yourger partner is expected to work and keep theirr older partner, if their older partner does not want to work. The only option is to claim Universal Credit (if allowed and if the ruleing is not overturned) but the partner of state pension age is excused the work requriements that the younger partner has.

I don't think there are many who expect welfare benefit Pension Credit to remain as the UK have made the UK state pension just above the Penson Credit cap.

Does pre-settled statas allow a Pension Credit claim anyway? Citizens Advise does not think it will.

[JB007]

To the best of my knowledge, if you are both over the age of 65 you would apply for Income Support, not Universal Credit.

Income Support is one of the low income benefits that has been replaced by Universal Credit.

65 is not the UK state pension age anymore.
https://www.gov.uk/state-pension-age

The rules for Pension Credit have changed and keep changing.-
-Savings Credit part of PC, ended 6 April 2016.
-Pension Credit rules changed from 15 May 2019, so that now both must be of UK state pension age to claim Pension Credit. These now have to meet the requirements to try to claim Universal Credit, with the younger partner required to work/ go on courses etc if they can claim UC, to provide for their state pension age partner who does not want to work.
-And there can be only one reason the UK raised the UK state pension to just above the cap for the Pension Credit welfare benefit... so that Pension Credit can end. It's only the way they brought in the new state pension amount , where people have their NI years reduced to 30 years from April 2016, that seems to have prevented the end of PC for a short while

However, it may be a challenge to find a private landlord who would rent you a property if you are relying solely on the £100 per week from your son and whatever you may be entitled to claim in benefits.
Even more so as neither of you have the permanent right to reside in the UK yet.

The landlord will likely want a guarantor and likely several months rent money up front. That way the guarantor becomes liable for all their rent.

[JB007]

To reply to the title of this thread, Housing Benefit has ended (for most claimants) under the UK's Welfare Reform Acts.

Housing Benefit is one of the six low income benefit for those of working age (under the UK state pension age - which increases) that Universal Credit has replaced.

Unlike the benefits Universal Credit replaces, some will not be able to claim Universal Credit.

Unlike most of the benefits UC replaces, Universal Credit requires claimants to work. If one in a couple is of UK state pension age, they are excused their UC work requriement of 35 hours per week at the hourly NMW, but any pensions they have (even if not being taken) reduce their joint UC amount £1 for £1.

[Adam_Ghulam]

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 ?

[JB007]

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.

[JB007]

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.

[Obie]

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.

[Adam_Ghulam]

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