Child of EU citizen can he claim UC

[Ba128]

Dear Members

My freind is Italian and all his family have pre settled status in UK. His wife and 3 children (8, 18 and 20). He came here with family (Pakistani nationals) in December 2017. He works part-time claiming child tax credit, working tax credits and also Pip for his two elder sons who are deaf. The mother also gets care allowence for the 18 year old as well. Now can the elder deaf child (20 year old) apply for universal credit in his own right and will it effect his settled status when he apply in the future. Thanks
Ali

[JB007]

Dear Members

My freind is Italian and all his family have pre settled status in UK. His wife and 3 children (8, 18 and 20). He came here with family (Pakistani nationals) in December 2017. He works part-time claiming child tax credit, working tax credits and also Pip for his two elder sons who are deaf. The mother also gets care allowence for the 18 year old as well. Now can the elder deaf child (20 year old) apply for universal credit in his own right and will it effect his settled status when he apply in the future. Thanks
Ali

"Pre-Settled Status - this is for people who can show they have been living in the UK for less than 5 years. If your only right to reside is pre-settled status, you should make a claim for benefits. However, you might find that the Department for Work and Pensions (DWP) does not pay you benefits right away. This is because there is a court case going on to decide whether people with pre-settled status are eligible to claim benefits. If the DWP says your only right to reside is pre-settled status but you think you meet the criteria for another right to reside, you should speak to an adviser."
https://www.turn2us.org.uk/Benefit-guid ... tus-Scheme

That case is only about means tested benefits, but I don't think the Tax Credit benefit was a means tested benefit - so not sure where that will leave you and your Tax Credit benefit claim even if the EU citizens win their case for UK means tested benefit when only on Pre-settled status.

You are not claiming PIP for your adult sons, they are claiming that benefit and it is their money for "some of the extra costs if you have a long term physical or mental health condition or disability."
https://www.gov.uk/pip
Their money from PIP should not be used to make up the lost wages of a parent only working part time, or to make up for the large reduction in the Tax Credit benefit money when a child is too old to be classed as a child and the parent was only working part time.

[JB007]

I should also add that the Universal Credit benefit that is replacing the Tax Credit benefit (and 4 other benefits), has lots of different rules: it's not just that parents have to work full time and get less money given to them on UC.
e.g. both these benefits end when a child is age 16, unless the parent shows their child is still in lower education, but whereas Tax Credit will allow the parent to continue to claim extra benefit money for that "child" until they are age 20, with Universal Credit that can end when that adult child is age 19.