This is how some DWP staff humality ill people

MV85

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.

Geoark

Hello @MV85 and welcome to the community.

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/

MV85

Hello Mr Geoark,
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.

[Deleted User]

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MV85

Hello Victoriad,
I see after I search people experience. Shame.

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Geoark

Hi @MV85

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.

MV85

"Once a Croatian national has worked legally in accordance with the Worker Authorisation scheme for a continuous period of 12 months they can apply to the Home Office for a blue registration certificate annotated to show that they can work in the UK without restrictions. A Croatian national who has satisfied the Habitual Residence Test and holds a blue registration certificate may be entitled to:  Income Support  Jobseeker’s Allowance (Income Based)  Employment and Support Allowance (Income Related),   State Pension Credit or   Housing Benefit"  

That's my status in UK. 
Its very frustrating I know.

MV85

At my first interview at Job Centre I submitted every single document to my coach and evidence from doctor that I am unable to work at moment because of my specific problem and she was rude to me, did not want accept tenancy agreement and booked me appointment for work search. I complain to manager she called me to apologize.
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.

BenefitsTrainingCo

MV85,

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

MV85

Thanks everyone for support.                                                                                     I have GAD,PTSD, DEPRESSIO. I was stronger even that conditions is always with me and could cope with life. I started feeling bad since last August and decided to see specialist and medication did not help me much. All this conditions became much worst since Iast week DWP sent letter that I am not UK resident what means I am not person who live in UK after 4,3 years life in UK lawfully reason I was not covered 8 weeks.since then I have panic attacs, feeling scared.
 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!

Geoark

Hi @MV85 unfortunately I don't think it is just EU nationals they are unhelpful with, as many UK citizens struggle with them as well.

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.

MV85

Hello, of course. tomorrow I am going to submit evidence about my unfairly dismissal from work: agreement between me and employer who agrees to pay me some money to not go to tribunal agains him for dismissal and breach contract.      How can I go in person to submit that? Job Centre?

BenefitsTrainingCo

MV85,

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

MV85

Hello everyone,
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

fishingmum

I am so sorry to hear of your troubles. My brother who was born in Australia but has lived in the UK since the age of 2 both parents and grandparents are UK citizens and residents, I was born here. After years of working and paying in to the system at the age of 34 he was fired from his job as he apparently had no right to work here, he had a national insurance number and had been tax since he was 16 but due to him having an australian birth certificate, he was then made to either have a work visa or british passport either way after 18 years of working and paying in to the system, not only did rule changes mean he got fired, he was then unable to make any benefit claims, he then had a choice to pay out I think about £100 or so for a passport, or £1200 for his working visa.

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.

MV85

Is there anyone up for talk please

Waylay

@MV85 I'll be up for 15 mins or so

MV85

Hi,
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.

mikehughescq

Are we taking appeal or mandatory reconsideration? Earlier post implied MR.