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1724265

	registered interest
	date	30/07/2024
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, whether she plans to enable EU citizens with pre-settled status to claim universal credit.
	tabling member constituency	New Forest West
	tabling member printed	Sir Desmond Swayne
	uin	2225
	answer	answer is ministerial correction date of answer 04/09/2024 answer text <p>EEA and Swiss citizens with pre-settled status have the same access to benefits as they did prior to the UK leaving the EU. They will be able to access income-related public fund benefits, such as Universal Credit, if they are exercising a qualifying right to reside in the UK, for example by being a worker. This is similar to the rules for UK citizens residing in EU member states on the basis of the Withdrawal Agreement. The eligibility of claimants with pre-settled status is verified through the Habitual Residence Test.</p> answering member constituency Stretford and Urmston answering member printed Andrew Western question first answered 04/09/2024 10:29:09 answering member 4979 label Biography information for Andrew Western
	tabling member	55 label Biography information for Sir Desmond Swayne

1586581

	registered interest
	date	17/02/2023
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, how many decisions on Universal Credit habitual residence tests for EU citizens were made in the period between (a) 14 November 2022 to 13 December 2022 and (b) 14 December 2022 to 13 January 2022; and how many and what proportion of these were positive decisions.
	tabling member constituency	East Ham
	tabling member printed	Sir Stephen Timms
	uin	146755
	answer	answer is ministerial correction date of answer 28/02/2023 answer text <p>The Department does not have this information. Habitual Residence Test data is retrospectively updated and currently only available to November 2022.</p> answering member constituency Hexham answering member printed Guy Opperman question first answered 28/02/2023 15:06:05 answering member 4142 label Biography information for Guy Opperman
	tabling member	163 label Biography information for Sir Stephen Timms

1587130

	registered interest
	date	20/02/2023
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, if he will make it his policy to lift the stay of decisions on Universal Credit claims by EU citizens with pre-settled status who notify his Department that they are not able to meet their basic needs as a result of that stay.
	tabling member constituency	East Ham
	tabling member printed	Sir Stephen Timms
	uin	148526
	answer	answer is ministerial correction date of answer 23/02/2023 answer text <p>Where an appeal is pending in a lead test case, as there is in relation to EU citizens with pre-settled status in scope of <em>SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC)</em>, then under Section 25 of the Social Security Act 1998, the Secretary of State for Work and Pensions has the power to stay making decisions on any lookalike claims.</p><p> </p><p>A stay may be lifted where there is application on hardship grounds. Each application is considered on its merits.</p><p> </p><p>We are not staying any cases where a right to reside has been identified for those with pre-settled status, and in such cases, the grant of UC should follow subject to the usual eligibility criteria being met.</p> answering member constituency Hexham answering member printed Guy Opperman question first answered 23/02/2023 14:31:30 answering member 4142 label Biography information for Guy Opperman
	tabling member	163 label Biography information for Sir Stephen Timms

1586580

	registered interest
	date	17/02/2023
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, with reference to the Upper Tribunal’s judgment in Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) UC: [2022] UKUT 330 (AAC), how many cases of EU citizens and their families with pre-settled status applying for Universal Credit had been stayed behind that lead case.
	tabling member constituency	East Ham
	tabling member printed	Sir Stephen Timms
	uin	146754
	answer	answer is ministerial correction date of answer 22/02/2023 answer text <p>Following the Upper Tribunal’s judgment in <em>Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) UC: [2022] UKUT 330 (AAC)</em>, DWP appealed to the Court of Appeal. This application has been granted and the appeal has been listed for March.</p><p> </p><p>Under Section 25 of the Social Security Act 1998, the Secretary of State for Work and Pensions has the power to stay decision making when an appeal is pending in a lead test case.</p><p> </p><p>DWP decision makers are currently reviewing cases to determine which cases are in scope of the judgment and which cases should be stayed.</p><p> </p><p>Cases where a right to reside has been identified for those with pre-settled status will not be stayed, and in such cases, the grant of UC should follow in the usual way subject to the usual eligibility criteria. DWP decision makers will consider hardship when considering whether to stay individual cases in line with guidance. This application has been granted and the appeal has been listed for March.</p> answering member constituency Hexham answering member printed Guy Opperman question first answered 22/02/2023 16:33:51 answering member 4142 label Biography information for Guy Opperman
	tabling member	163 label Biography information for Sir Stephen Timms

1339976

	registered interest
	date	24/06/2021
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, what guidance her Department has provided the Home Office on the continued payment of universal credit to people who are (a) awaiting a decision about their EU Settled Status application or (b) appealing a rejection of their EU Settled Status application.
	tabling member constituency	North Ayrshire and Arran
	tabling member printed	Patricia Gibson
	uin	21935
	answer	answer is ministerial correction date of answer 29/06/2021 answer text <p>The department has not shared any guidance with the Home Office on the continued payment of Universal Credit (UC) to people (<strong>a</strong>) awaiting a decision on their EU Settled Status Application or (<strong>b</strong>) appealing a rejection of their EU Settled Status application.</p><p> </p><p>I refer the honourable member of North Ayrshire and Arran to my previous response on this subject: <a href="https://questions-statements.parliament.uk/written-questions/detail/2021-06-21/19715" target="_blank">UIN 19715</a></p> answering member constituency North Swindon answering member printed Justin Tomlinson question first answered 29/06/2021 13:11:54 answering member 4105 label Biography information for Justin Tomlinson
	tabling member	4435 label Biography information for Patricia Gibson

1242951

	registered interest
	date	13/10/2020
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, how many universal credit claim decisions have been delayed as a result of claimants waiting for EU Settlement Scheme applications to be processed.
	tabling member constituency	Bermondsey and Old Southwark
	tabling member printed	Neil Coyle
	uin	102824
	answer	answer is ministerial correction date of answer 19/10/2020 answer text <p>We do not hold the data in the Department that would allow us to provide figures for this question. DWP operates a Habitual Residence Test (HRT) in order to assess whether individuals have legal right to reside for the purpose of accessing benefits and are factually habitually resident.</p><p> </p><p>EU citizens who are exercising a qualifying right to reside, such as worker or self-employed, and are habitually resident in the UK will pass the Habitual Residence Test</p><p> </p><p>A Universal Credit claimant can still pass the HRT without either having applied to the EUSS, or whilst waiting for their application to be processed, provided they can prove their right to reside and factual habitual residency.</p> answering member constituency North Swindon answering member printed Justin Tomlinson question first answered 19/10/2020 14:54:24 answering member 4105 label Biography information for Justin Tomlinson
	tabling member	4368 label Biography information for Neil Coyle

1195136

	registered interest
	date	12/05/2020
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, how many (a) EU nationals and (b) EU nationals with proof of Settled Status have had their claims for universal credit refused since March 2019; and what steps she is taking to ensure Settled Status is accepted as proof of residence by her staff.
	tabling member constituency	Arfon
	tabling member printed	Hywel Williams
	uin	45965
	answer	answer is ministerial correction date of answer 18/05/2020 answer text <p>Eligibility for Universal Credit depends on a person’s immigration status in the UK. DWP operates a Habitual Residence Test in order to assess whether individuals have a legal right to reside for the purpose of accessing benefits and are factually habitually resident.</p><p> </p><p>Since 1<sup>st</sup> March 2019 to January 2020 there have been 27,600 UC Full Service claims closed due to failing the HRT from EEA nationals. Nearly 200,000 EEA nationals were successful in gaining access to Universal Credit during this period, showing the vast majority were accepted. It is normal on UC for some claims to be closed prior to first payment, this can be due to a number of reasons including claimants withdrawing their claim and some claims not being eligible.</p><p> </p><p> </p><p>The Home Office’s EU Settlement Scheme (EUSS) allows EEA citizens to apply for settled status (typically on the basis of five years’ residence in the UK) and confirm their right to reside in the UK. The Habitual Residence Test recognises leave granted under the EU Settlement Scheme. EEA citizens with settled status who demonstrate habitual residence in the UK will pass the Habitual Residence Test (HRT) and be eligible to access tax-payer funded benefits, such as Universal Credit (UC).</p><p> </p><p>The Department does not hold information on the number of EU nationals with settled status who have been refused UC.</p> answering member constituency North Swindon answering member printed Justin Tomlinson question first answered 18/05/2020 17:08:58 answering member 4105 label Biography information for Justin Tomlinson
	tabling member	1397 label Biography information for Hywel Williams

1191887

	registered interest
	date	29/04/2020
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether EU citizens resident in the UK with pre-settled status can receive Universal Credit if otherwise eligible.
	tabling member printed	Lord Kirkhope of Harrogate
	uin	HL3705
	answer	answer is ministerial correction date of answer 12/05/2020 answer text <p>EU citizens with pre-settled status have the same access to benefits as they did prior to the introduction of the EU Settlement Scheme. They will satisfy the right to reside element of the Habitual Residence Test and can access benefits if they are exercising a qualifying right to reside, such as a worker or self-employed person, and are habitually resident in the UK. Their eligibility is verified through the Habitual Residence Test.</p> answering member printed Baroness Stedman-Scott question first answered 12/05/2020 11:00:09 answering member 4174 label Biography information for Baroness Stedman-Scott
	tabling member	891 label Biography information for Lord Kirkhope of Harrogate

1188999

	registered interest
	date	21/04/2020
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, how many EU citizens holding (a) settled status and (b) pre-settled status have had their applications for universal credfit refused since 1 March 2020.
	tabling member constituency	Leeds Central
	tabling member printed	Hilary Benn
	uin	38426
	answer	answer is ministerial correction date of answer 28/04/2020 answer text <p><strong> </strong></p><p>The information requested is not readily available and to provide it would incur disproportionate cost.</p> answering member constituency North Swindon answering member printed Justin Tomlinson question first answered 28/04/2020 15:03:07 answering member 4105 label Biography information for Justin Tomlinson
	tabling member	413 label Biography information for Hilary Benn

1189915

	registered interest
	date	23/04/2020
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Universal Credit: EU Nationals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether citizens with pre-settled status will be entitled to Universal Credit during the COVID-19 pandemic; and what steps they have taken to support such citizens who have (1) faced discrimination, and (2) are unable to find a job.
	tabling member printed	Lord Pendry
	uin	HL3426
	answer	answer is ministerial correction date of answer 28/04/2020 answer text <p>Those granted pre-settled status have the same access to benefits as they did prior to the introduction of the EU Settlement Scheme (EUSS). EEA citizens with pre-settled status are eligible to claim DWP income-related benefits such as Universal Credit if they are exercising a qualifying EU Treaty Right. This includes those with a worker or self-employed status and EEA workers with retained worker status who have lost their jobs through no fault of their own.</p><p> </p><p>Government measures to support workers and their families through Covid-19 are also available for EEA citizens with pre-settled status under the EUSS who meet the eligibility criteria. This includes the Coronavirus Job Retention Scheme, the Self-employed Income Support Scheme and Statutory Sick Pay.</p><p>EEA citizens with pre-settled status can also claim contributory benefits providing they meet eligibility criteria.</p> answering member printed Baroness Stedman-Scott question first answered 28/04/2020 15:04:36 answering member 4174 label Biography information for Baroness Stedman-Scott
	tabling member	457 label Biography information for Lord Pendry