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This is how some DWP staff humality ill people
MV85
Member Posts: 10 Listener
Hello everyone,
Thanks for accepting your community. I'm one who with depression, anxiety, panic attacks past a few years.
I am a EEA citizen living in the UK with my partner for more than 4 years.
Most of the time I was employed and student, and my partner full time employed.
January 19th my general manager dismissed me from work without reason, legal process and notice period after a year of work for him. After the Area Manager started investigating what happened in maintime my health got worst and I was unable to looking for job and went to see doctor for help.On 19th of March I applied with my partner for Universal Credit because need some suport and help for short time until get better to start work.
We waited for the decision for 6 weeks and got the letter that I dint have Right of Reside in UK and my partner is losing the rights because it is the non EU family member. The decision was made that I lost all rights after 4 years of life in the UK. Gap between my last day od employment and application for UC was 8 weeks and in that time I was resolving problem with my company because i was not paid final pay and ACAS was arbiter between us. DM did not even try to request more information, all process was confusing they requested only sick note since January and I did not know my doctor can give me backdate .After that I had several panic attacks and even worse depression and anxiety. My GP gave me backdated sick note what was sent to DWP, i have all proof of residency in UK without any gap. Very humiliating, stressful, uncertain, loss of money both me and my partner feel hurted and frustrated. Only income is my partner wage.
Replies
You need to get proper legal advice on this as soon as possible. In the first place I would stronly advise you to get in touch with the CAB as soon as possible. https://www.citizensadvice.org.uk
In the meantime you can find out a little more at https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/if-you-fail-the-habitual-residence-test/if-you-don-t-have-the-right-to-reside-in-the-uk-claiming-benefits/
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
Thank you for your advice.
I asked DWP to look at decision again and submited Sick note for the period January to March and will send tomorrow proof of my dismissal issued by ACAS and wait for decision.
Im main time I got advice from Citizens Advice we need to just wait for decision. The problem is I am without income since January.
I understand process and law but decision was wrong because I am UK resident Croatian nationality with work authorisation issued by Home Office and should be exemption of that test.
I see after I search people experience. Shame.
I did wonder if you were Croation, as the rules are a little more complicated than for other EEA citizens. Have you provided proof of right to residence to the DWP? Sorry, I know this is a basic question, but as long as that is in question you would not be entitled to benefits.
The rules for Croation citizens changes on the 30th June at which point you will have the same rights without the restrictions.
As you have a partner your UC claim will also be affected by how much he earns.
I do appreciate your frustration. As a UK citizen, in his 50s and able to track my family history back across several generations in the UK I currently cannot open a bank account, it took 4 months when I was offered employment with my current employer to prove I was entitled to live and work in the UK. Ongoing DBS checks have been a nightmare.
I have finally had to accept that while I have no intention of going abroad I have to get a passport just to prove I am entitled to be here. I have my appointment on Tuesday, so hopefull will be able to sort some of these things out soon. My employer will certainly be happy as the DBS check should go through a lot easier later this year.
I hope you get things sorted out soon.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
That's my status in UK.
Its very frustrating I know.
My next interview for HRT test I submitted all documentation, explain that a few weeks gap covered by evidence but guy refused to take all evidence, was slow, unprofessional... I just feel bad after all this happen because I was not there to abuse anything just get support after 4 years working and studying in UK.
From what you say you are entitled to benefit. You were covered by the workers authorisation scheme for the required 12 months, and you continued to work until you were dismissed. You have a backdated sick note for that period & that's enough - you don't have to claim benefit immediately to show that you retained worker status as someone temporarily unable to work because of illness.
Alternatively, if your condition is permanent, you have the permanent right to reside as someone who has worked for over 2 years.
In either case, your partner continues to have rights as an EU family member, either as a direct family member (if you are married or civilly partnered) or an extended family member (in which case a certificate or residence card is needed).
It's good you are getting help from the CAB as hopefully you will be able to get this sorted out and benefit paid correctly (with your partner's earnings taken into account, as Geoark has commented). On the facts you've given, I think the 8 week gap won't matter as you were clearly unable to work during that time & can argue as much based on your backdated sick note.
I hope that you get the decision changed. I would also suggest that you complain about the DWP treatment of you. Although you have had some apology from them, it doesn't sound as if it goes far enough and it hasn't stopped them treating you unprofessionally at the habitual residence test interview.
I do think the DWP can have a very unhelpful attitude towards EU nationals when in fact many people do have a right to benefit & it would be much better if the DWP explained exactly how you can show this. Good luck!
Will
They did not acknowledge my health condition and support me what I need to provide. First time I feel treated inhumane and live in fear what could happen instead feeling better since started treatment. I did not apply for anything else or advance money just wanted to get some financial support until I get better. I have "Agreement in respect of an Actual or Potential Claim to the Employment Tribunal" where my employer agree to pay me some money for not go to tribunal after dismissal. Doctor issued me backdated sick note but I have seen doctor a few times in that time. I provide my P45 what was issued on date 22.02.18 but leaving date was 19.01.2018. I was trying give more evidence, explain but they just ignored me.
Is there any place where I can go and explain everything, give more evidence to support my claim because everything is on hold and they did not take any evidence about my dismissal. I went to CAB but have meeting with specialist in 2 weeks. Thanks everyone a lot!
You mentioned you were going to send in additional evidence tomorrow, I would include any evidence regarding the dismissal. Other than that it is a waiting game on the DM decision. If it goes against you then most likely you will need to take it to appeal, where you would be able to present your evidence, both in writing and in person. I hope it does not come to this.
I hate what this government is doing to a whole range of people, but the bottom line has always been the conservatives are mainly interested in looking after the interests of the rich.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
If you have a work coach at the Jobcentre that you are in touch with then yes, you could take it there. Unfortunately with Universal Credit everything is online, so usually what they want you to do is to upload evidence, but if you can't do that (the system doesn't yet allow you to put everything online even though it is a digital system!), then you should be able to take it to your local Jobcentre. I would keep copies of everything & hang on to originals, & keep a record of what you show to them & who you speak to.
What happened with your employer isn't so important in a way as showing that you were unwell, because your right to reside is as someone temporarily unable to work. I know you have an appointment with a specialist in two weeks but remember that if you got a decision about your Universal Credit you should try to ask for a mandatory reconsideration within one month of the decision. Don't worry too much about the wording - if you have to ask for the mandatory reconsideration before you see the specialist, you should say that you do have the right to reside and that your first 12 months of work were carried out under the authorisation scheme.
You have a right to reside as someone who is temporarily unable to work, and whose first year of work was covered by the authorisation scheme. This means you retain worker status. Please don't be too alarmed by the DWP's letters - you do have a right to be here, the problem is money, but hopefully the decision will get changed.
Will
I went to job centre yesterday to submit documentation. Agent told me in advance outcome evidence to tupport my mandatory reconsediration will not help me because I am have not been living in UK for more than 5 years. He did not allow me to talk. How my partner had been approved. I felt like second class citizen yesterday its humality. They playing with my serious health condition instead ast least to support me with nice word
He opted for the british passport and once that came through he could claim benefits. However when he went to get a job, although he had a british passport, a national insurance number companies did not want to hire him as they were sure new rules meant he needed to provide a work visa. needless to say he moved to Australia, and has enjoyed working with no problems at all. He also has an australian passport now. It is sickening how they treat people.
I hope this gets sorted for you.
How long after I sent my appeal DWP should response to me and tribunal?
I sent appeal almost 6 weeks ago no response from DWP. I phoned tribunal a few days ago they did not get any response from DWP.