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Wife passed Habitual Resident Test then UC says she failed

pondi

Hello,

I'm recieving UC with my wife. My wife passed Habitual Resident Test about 10 months ago and as a some day her benefit approved. Last ten months she's receiving a benefit.

Yesterday she received a letter from UC. The letter says that she failed Habitual Resident Test and she's not eligible to receive UC. Now the UC asking from me to pay £2500 back to them. Because of over payment. They're starting to get this money from my benefit next week. About 5 weeks ago she had a benefit interview and she past.

How I can challenge with this mess?

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Comments

poppy123456

This sounds complex and for this reason I'd advise you to get some expert advice from an agency near you. This link will help you find what's local to you.

https://advicelocal.uk/welfare-benefits

Adrian_Scope

Hello @pondi and a warm welcome to the community.

I'm really sorry to hear about your situation—this must be very stressful for both of you.

I agree with Poppy that professional advice is the best option here. The link Poppy shared should help you find some support in your area.

Can I ask what the benefit interview she had a few weeks ago was for? I'm wondering if that may have changed her Habitual Residence Test (HRT) results.

It's possible you have the right to request a mandatory reconsideration of their recent decision, which is where you ask them to look again at the decision they've made. If you do this, make sure to explain your wife has already passed the HRT.

I'd also suggest gathering up and ensuring you have as much evidence as possible, did you receive a letter letting you know she had passed the HRT?

pondi

Thanks for your link Poppy 123456

pondi

Hi Adrian,

My wife has a letter regarding the Habitual Resident Test from Universal credit.The letter dated 02.10.2023. The letter says that she passed the Habitual Resident Test and she eligible to get Universal credit. On the 13th of August she received another letter from UC. The letter says that she failed the Habitual Resident Test and she is not eligible to get UC. About five weeks she passed UC benefit review.The message says that there's no change for her benefit.