Benefits For Persons Arriving From Overseas

ONLINE WORKSHOP: 

Wednesday, 26th January, 2022.

Full-Day Workshop (9:30 - 4:30/4:45)
Workshop Fee: £220  + VAT.    4th Place Free.   

HB, CTR, UC & OTHER SOCIAL ENTITLEMENTS FOR CLAIMANTS ARRIVING FROM OVERSEAS  

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 Status test has never affected EEA Nationals or their family members and has been used to control entitlement for people from the rest of the world.

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But, following the end of the Brexit “transition period” on 31 December 2020, the treatment of EEA Nationals arriving in the UK from 2021 onwards will rely much more heavily on the immigration status test. The Workshop will look at how the immigration status test works – what kind of status does and does not allow a person to claim benefits, and 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.

The new arrangements did not apply straightaway to Europeans and their family members already living in the UK by the end of 2020 (and in certain cases people who arrived in the UK later than that). Delegates will learn who can still rely on EEA rights of residence, and for how long. The purpose of the transitional retention of EEA Rights of Residence is to protect the position of pre-2021 residents while the “settled status” regime is phased in. 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 a current issue of particular importance: how to identify and deal with EEA nationals and their family members who did not apply for settled status before the 30 June 2021 deadline.

Delegates will be briefed on the latest developments in the Courts affecting those with pre-settled status, with the European Court having handed down a difficult decision in July and the UK Supreme Court now charged with drawing some practical conclusions from that decision when it hears the Fratila case.

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.

Topics Covered:

Mechanisms Affecting Non-British/Irish Claimants

o Immigration status;

o Habitual residence and the right to reside;

o Effect on different groups pre-Brexit:

     § EEA Nationals;

     § Rest of the world.

Brexit

o Immigration status of EEA Nationals in the future;

o CESC / ECSMA Nationals.

People Resident In The UK By The End Of 2020

o Continued reliance on EEA Rights of Residence;

o Who belongs to this group?

The EU Settlement Scheme

o Who is eligible to apply?

o Effect on benefit entitlement.

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.