Thursday, 29th September, 2022.
Full-Day Workshop (9:30 - 4:30)
Workshop Fee: £240 + VAT. 4th Place Free.
Benefits Advice For Claimants Arriving From Overseas
HB, CTR, UC & Other Social Entitlements For Non-British / Irish Nationals
A Workshop presented by Peter Barker, the ‘HB Anorak’, who for many years has been one of the most knowledgeable and experienced trainers in this topic. A fact-filled Workshop covering all the most up-to-date rules, for which is clearly going to be a very full and information packed day!
The comprehensive information pack provided includes a quick-reference Desk Aid comprising flowcharts – an important tool that is being regularly updated as rules change (as they very often do in this area of benefits!), so delegates attending this course can be assured that they have the very latest and most up-to-date version.
Traditionally, benefit claims and applications for other social entitlements, such as homelessness assistance, have been regulated by two separate mechanisms, depending which part of the world the claimant/applicant is from:
· The Habitual Residence / Right To Reside test has mainly affected European claimants from the EEA and their family members.
· The Immigration Statustest has never affected EEA Nationals or their family members and has been used to control entitlement for people from the rest of the world.
But, since the end of the Brexit “transition period” on 31 December 2020, the treatment of EEA Nationals arriving in the UK from 2021 onwards relies much more heavily on the immigration status test. The Workshop will look at how the immigration status test works for claimants from anywhere in the world – EEA or elsewhere: what kind of status does and does not allow a person to claim benefits? We will also deal with the effect of social treaties (CESC/ECSMA) to which the UK is still a party along with most of the EEA countries.
Zebra often receives enquiries from benefits practitioners about the correct application of the requirement to provide a National Insurance Number when claiming benefit: how does this work when a person’s immigration status prevents him/her from working or claiming public funds but his/her British partner is the claimant? We will clarify the rules affecting partners in this situation.
Europeans and their family members already living in the UK by the end of 2020 can still rely on EEA rights of residence to obtain benefits if they have obtained or applied for leave to enter/remain in the UK under the EU settlement scheme. We will consider:
· Who was eligible to apply under the Settlement Scheme?
· How the outcome of the application affects entitlement to benefits:
o Settled status (indefinite leave);
o “Pre-settled” status (limited leave);
o Application rejected.
· And what happens to EEA nationals and their family members who did not apply for settled status before the 30 June 2021 deadline.
We will also consider the implications of the decisions in 2021 of the European Court and the UK Supreme Court about people with pre-settled status who do not also have a preserved EEA right to reside.
Finally, as the transitionally preserved EEA Rights of Residence will remain in force for several years to come for the pre-2021 cohort, the day concludes with a refresher covering the main principles of EEA Rights of Residence including family members and “derivative” rights of residence (e.g. as the primary carer of a worker’s child). There have been some interesting and important cases in the National and European Courts which continue to shape the way these rights are applied in the UK and so the day will include a case law update.
· Overview of rules for Non-British / Irish Claimants
o Immigration status;
o Habitual residence and the right to reside;
· Transitional arrangements for EEA Nationals
o Preservation of EEA residence rights for pre-2021 residents;
o Who belongs to this group?
· The EU Settlement Scheme
o Who was eligible to apply?
o Effect on benefit entitlement
o Late applications
· Immigration status and benefits
o “Persons subject to immigration control”
o CESC/ECSMA nationals before and after Brexit
o National Insurance Numbers
· EEA Rights Of Residence
o Refresher and overview;
o Case law update.
Contact us for In-House 'Zoom' booking information on a range of programmes for this topic.
We are always pleased to arrange most of our Workshops, such as this one, for staff from an individual organisation. We also offer this topic to In-House clients in a number of versions depending on the depth required on various issues. Please email us with your requirements for details.
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