At the end of last year, we reported on a potentially landmark case that Tower Hamlets Law Centre was involved with, concerning whether the relatives of EU nationals should be able to claim benefits if the alternative destitution. Last week saw a major development in the case, one that will help many people in the UK at risk of destitution.
Our clients came to the UK to live with their son-in-law, an EU national, but had to leave when his behaviour became abusive. They were initially denied benefits by the DWP but this was reversed by appeal at a First Tier Tribunal. The DWP sought to appeal this decision at the Upper Tribunal. Our senior benefits caseworker takes up the story:
“Because of the success at the First Tier Tribunal of our client’s appeal, and other similar appeals by other advice agencies for other claimants, the DWP have now announced they are changing their policy. Previously their policy was that the landmark court decision in the ‘AT’ case only applied to EU citizens but not to their family members who are with them in the UK and have pre-settled status. Now they accept this is the wrong interpretation of the law and they have started paying our client (and presumably other appellants) Universal Credit. The Upper Tribunal will now not need to rule on the case of our client. Substantial arrears of UC will now be paid to our client.”
This important decision means people in the UK who are family members of EU citizens will now be able to avoid destitution. We are proud to have been able to make such a difference to these people’ s lives.