Guidance

A10/2021: Claimants without a status under the European Union Settlement Scheme at the end of the Grace Period

Updated 31 January 2022

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This publication is available at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2021/a102021-claimants-without-a-status-under-the-european-union-settlement-scheme-at-the-end-of-the-grace-period

Who should read

All Housing Benefit (HB) staff

Action

For information

Subject

Claimants without a status under the European Union Settlement Scheme at the end of the Grace Period

Guidance Manual

The information in this circular does not affect the content of the HB Guidance Manual.

Queries

Extra copies of this circular and copies of previous circulars can be found at Housing Benefit for local authorities: adjudication circulars.

For queries about the:

  • technical content of this circular, contact:

internationalaccessto.benefitpolicy@dwp.gov.uk

  • distribution of this circular, contact:

lawelfare.correspondence@dwp.gov.uk

Introduction

1. This circular provides details about European Economic Area (EEA) and Swiss citizens (and their family members), who have yet to acquire status under the European Union Settlement Scheme (EUSS) prior to the end the Grace Period.

2. EEA and Swiss citizens, resident in the UK at the end of the transition period had until 30 June 2021 to apply to EUSS. The 6-month period from 1 January to 30 June 2021 is called the ‘Grace Period’. It is a requirement under the Withdrawal Agreement to protect the rights of EEA citizens and their family members who were lawfully resident before the end of the transition period.

3. No amendments have been made to Housing Benefit (HB) legislation. However, the following legislation allows EEA nationals to remain entitled to HB:

  • The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (SI 2020/1209)

Background

4. EEA and Swiss citizens’ resident in the UK prior to the end of the transition period (11pm on 31 December 2020) and their family members need to apply to the EU Settlement Scheme (EUSS) to continue living, working and accessing benefits and public services in the UK.

5. SI 2020/1209 allows EEA citizens and their family members to access benefits and services during the Grace Period providing they were lawfully resident whilst in the process of attaining status under EUSS. Those with pending EUSS applications on 30 June 2021 have their rights to access income-related benefits, including HB, protected until their application is finalised.

6. Prior to the end of the transition period, signing-up to the EUSS was voluntary.

7. As the Grace Period has now ended, EEA and Swiss citizens residing in the UK without a form of UK immigration status are classified as Persons Subject to Immigration Control, which means they are unable to access public funds which includes HB and other income related benefits.

8. The Withdrawal Agreement provides protection for certain cohorts of EEA and Swiss citizens (and their family members), which will enable them to access HB and other income related benefits in certain circumstances.

Applications made by 30 June 2021

9. Where an EEA or Swiss citizen made an application for EUSS prior to the end of the Grace Period on 30 June 2021 and a decision was still pending on their EUSS application, they retain access to HB and other income related benefits until a decision is made on their EUSS application.

10. Additionally, they can continue to access HB and other income related benefits if they are appealing against a negative decision on their application.

Applications made after 30 June 2021

11. There are provisions in place from the Home Office which enable EEA and Swiss citizens to submit a late application to the EUSS after 30 June 2021. It is for the Home Office to determine whether the claimant has a reasonable justification for submitting the late application.

12. Where a claimant has received a certificate of application from the Home Office, local authority (LA) Decision Makers should accept that the claimant has submitted a late application which has been verified and validated by the Home Office and treat it the same way as those who submitted an EUSS application before 30 June 2021. These individuals can access HB and other income related benefits until the outcome of their application has been decided or they have exhausted their appeal rights.

LA action

13. LA staff should ensure that reviews are set where a claimant:

  • is awaiting a decision on an application made before 30 June 2021

  • states they have made a late application which has been acknowledged by the Home Office

  • is appealing a decision made on an application for EUSS

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