Example
C applied for money for food and utilities due to an issue with their Universal Credit.
The council declined the application as they stated that they could not be satisfied C had recourse to public funds. C applied for a first tier review but the council upheld their original decision.
We reviewed the council's file and spoke with C's representative. We were satisfied from our discussion with them that C had pre-settled status and is eligible for the fund in line with section 6.13 of the guidance. We changed the council's decision and provided them with additional feedback.
Recommendations
- We instructed the council to award £554.96 on the basis of new information provided by C's representative confirming C's pre-settled immigration status.
Feedback for the council
- Misunderstanding of how to treat EEA nationals with pre-settled status (section 6.13 of the guidance).
- The initial decision was made outwith the timescales set out in the guidance.
- The council requested that C hand in their passport which was not required as there were other methods of confirming residency (C is a tenant of a local housing association).