Skip to main content
CPAG Welfare Rights Home

User account menu

  • Log in

Utility menu - Welfare Rights

  • CPAG Home
  • Benefit rates
  • Shop
  • Training & events

Main navigation

  • Support for advisers
    • Advice line for advisers
    • Support for advisers in England and Wales
    • Support for advisers in Scotland
    • Tell us about your case
  • Handbooks
    • Online handbooks
    • Print handbooks
  • Key topics
    • PIP appeals
    • Maximising income
    • Universal credit
    • Migration to universal credit
    • Survivors of domestic abuse
    • Benefits for migrants
    • Debt
    • Housing costs
    • Personal independence payment
    • Sanctions and work-related requirements
    • Work capability assessment
  • Tools & templates
    • About our tools and templates
    • Universal credit
    • Migration to universal credit
    • Benefits for migrants
    • Personal independence payment
    • Work capability assessment
    • Revision, supersession and appeal procedure
    • Judicial review
  • Benefits in Scotland
    • Scottish benefits
    • More information about benefits in Scotland
    • Other CPAG resources on benefits in Scotland
  • Bulletins & articles
    • Welfare Rights Bulletin
    • Articles
    • eBulletins
  • Test cases
    • About legal test cases
    • Support with an Upper Tribunal case
    • Test case updates
    • Refer a test case
    • Support with the judicial review process
Menu
Search

Breadcrumb

  1. Home
  2. Welfare rights
  3. Bulletins and articles
  4. eBulletins

Advising Migrant Groups eBulletin - January 2023

Destitute persons with pre-settled status – Upper Tribunal victory, EU citizen guide to claiming benefits in the UK, higher rate pregnancy and baby Best Start Grants for refugees and UC advances while waiting for an NI number.

In this issue

  • Destitute persons with pre-settled status – Upper Tribunal victory
  • EU citizen guide to claiming benefits in the UK
  • Higher rate pregnancy and baby Best Start Grants for refugees
  • UC advances while waiting for a NI number

Destitute persons with pre-settled status – Upper Tribunal victory

CPAG recently won an Upper Tribunal case where the Judges upheld a decision that destitute people with only pre-settled status (PSS) under the EU Settlement Scheme (EUSS) may be entitled to universal credit (UC).

CPAG argued that even though the UK has left the EU, the EU Charter on Fundamental Rights (‘The Charter’) still applies to those covered by the Withdrawal Agreement, eg those who have status under the EUSS. Most significantly in this case the first article of the Charter says “Human dignity is inviolable. It must be respected and protected”. The three judges making up the Upper Tribunal agreed.

The case before the Upper Tribunal concerned a Romanian woman living in a refuge with her child while escaping domestic abuse. She had been left destitute after being refused UC. She had PSS but no other right to reside that would allow her to pass the habitual residence test for UC. All she had to survive on was child benefit and small amounts of help from social work and elsewhere.

Her appeal to the First-tier Tribunal had been successful. The judge accepted that the Court of Justice of the EU (“CJEU”) decision in the case CG v Department of Communities for Northern Ireland [2022] (C-709/20) (the CJEU decision which was also applied by the Supreme Court to the Fratila case) applied in her circumstances. As such, her exclusion from UC due to her only right to reside being her PSS was disapplied, as to do otherwise would mean she and her child could not live in dignified conditions. The Secretary of State for Work and Pensions (SSWP) disagreed, arguing that this protection found in The Charter no longer applied in the UK after the end of the Brexit ‘transitional period’ on 31 December 2020, and appealed.

The three-judge panel of the Upper Tribunal rejected the SSWP’s appeal and essentially confirmed the First-tier Tribunal’s decision. The SSWP has been granted permission to appeal but pending the outcome of any such application, the Upper Tribunal’s decision is the leading authority on these matters. Significantly the claimant was awarded UC following the First-tier Tribunal’s decision and has continued to receive it, indicating that in similar cases UC may also be awarded despite the SSWP’s appeal (but also note that CPAG has heard of such claims being ‘stockpiled’ pending the outcome of the SSWP’s appeal).

It should be noted that this decision does not mean that all those with PSS refused UC due to not having a qualifying right to reside must be awarded it. It does not ‘strike down’ the amendments made to the UC Regulations excluding those whose only right to reside is PSS. What it does do is hold that the SSWP must make an ‘individualised’ assessment of whether a claimant(s) and their dependants would have their human dignity violated by not being able to meet their basic needs if UC is not awarded. These basic needs will vary between individuals but typically include food, hygiene, accommodation and clothing. The assessment of support available to prevent such a violation can include local authority duties to children under the Children Acts applicable in the UK and an ability to work, but must take account of what is ‘actual and current’ and not what might just be theoretically available or only available after going through legal challenges.

Further information about the judgment and advice about what advisers should do in similar cases can be found on CPAG’s test case page: Destitute EU nationals with PSS. 

EU citizen guide to claiming benefits in the UK

CPAG in Scotland has collaborated with the Migrant Essential Workers research project to produce a basic guide to claiming benefits for EU and EEA nationals. The guide is aimed at potential claimants rather than advisers and only provides a very general overview of the main entitlements. However, it will be of use to advisers and support workers who do not specialise in benefits advice, as well as clients.

It is available to download for free here: EU citizen guide to claiming benefits in the UK. Further CPAG resources for those working with migrant groups can be found on our Benefits for Migrants topic page, and other information and resources are available on from the Migrant Essential Workers.

Best Start grants for refugees

From 14 November 2022, those with refugee status, humanitarian protection or who have been resettled under the schemes for Afghan and Ukrainian nationals can get the higher rate of the pregnancy and baby payment Best Start Grant (BSG), even if it is not for their first child. The policy is to help those with other children born outside the UK but who are now ‘starting from scratch’ due to the circumstances under which they came to the UK. So, if such a parent applies for a BSG and it is for their first child born in the UK, they will get the higher rate of the pregnancy and baby grant rather than the lower rate that usually applies to those who already have a child under 16.

See CPAG’s website for more information about this rule and who can qualify for BSGs: Pregnancy and baby payment.

UC advances while waiting for an NI number

CPAG recently challenged a decision where a Vietnamese woman granted leave to remain in the UK was refused a UC advance payment because she had applied for a national insurance number (NIno) but she had not yet been allocated one. CPAG lost before a three-judge panel Upper Tribunal, but the case is due to be heard by the Court of Appeal by the end of March 2023.

CPAG argued that the wording of the NIno requirement in the legislation that applies to most GB-wide benefits does not actually require a NIno to have been allocated. It can be satisfied by making an application for a NIno and providing all the information and evidence necessary for one to be allocated, but the NIno itself does not need to have been allocated. Previous Upper Tribunal decisions appear to support this. CPAG also argued that the refusal violated the claimant’s human rights and was indirect racial discrimination contrary to the Equality Act 2010.

In this case, after some misadvice from DWP, a NIno application had been made following the UC application, but there was then a delay in the processing of the NIno application which left the claimant and her child destitute. DWP refused to pay a UC advance before the NIno was allocated, even though the requirement was arguably fulfilled by the application for one being made and the necessary evidence and information submitted. CPAG assisted the claimant to judicially review this refusal, the case then being transferred to the Upper Tribunal for a decision. The judges decided that even though a NIno application had been made and necessary information and evidence submitted, the latter was only sufficient once verified. They accepted that the DWP was entitled to refuse an advance until it had done so. It also dismissed the human rights and racial discrimination arguments.

Further information about the case and advice about what can be done in similar cases see CPAG’s test case pages here:  National insurance numbers and universal credit

eBulletin
Published on
12 January 2023
Relevant to
Scotland,

    Advice for advisers

    Free, expert advice on benefit and tax credit issues if you’re a frontline adviser or support worker.

    Contact the advice line.

    • [email protected]
    • [email protected]

    WR Footer

    • Become a subscriber
    • Advice line for advisers
    • Training and events
    • eLearning
    • CPAG shop

    CPAG's Advice and Rights Team

    • Follow us on Twitter

    © 2025 CPAG | Child Poverty Action Group is a charity registered in England and Wales (registration number 294841) and in Scotland (registration number SC039339)

    Company limited by guarantee registered in England (registration number 1993854)

    Housekeeping (footer)

    • Disclaimer
    • Privacy policy
    • Cookies
    • Terms and conditions
    • Feedback and complaints
    Site built by Agile Collective
    End Child Poverty Fundraising Regulator badge with validation link
    • Child poverty in the UK
      • Poverty: facts and figures
      • What is poverty?
      • Causes of poverty
      • Effects of poverty
      • Ending child poverty
    • What we do
      • Our impact
      • Our objectives
      • Our campaigns
        • Imagine
        • End child poverty
        • End child poverty in Scotland
        • Scottish Campaign on Rights to Social Security
        • Past campaigns
      • Project work
        • Cost of the School Day
          • Resources for tackling poverty in schools
            • All Cost of the School Day resources
              • Talking about costs and money at school - advice from parents and carers
              • Create poverty aware school communities
              • Show leadership and take action
              • Communicate about costs and money
              • Offer confidential and supportive conversations
            • Toolkits
            • Calendar
            • eLearning
            • Ideas Bank
              • Awareness, values and ethos
                • Understanding poverty in your area
                • Cost of the School Day Information Booklet for Families
                • Nurturing approaches
                • Rebranding support to boost uptake
              • Entitlements and financial support
                • Boosting free school meal uptake
                • Family support staff
                • Offering support and referrals
                • Promoting support
              • School uniform
                • Simple, affordable and inclusive uniform policies
                • School and cluster run uniform banks
                • Providing new uniform and clothing
                • Parent-led uniform stall
              • Eating at school
                • Breakfast clubs
                • Breakfast, breaktimes and lunch
                • Boosting free school meal uptake
              • Consulting and planning
                • Listening to families
                • Parents leading consultation
                • Children consulting their school community
                • Whole school approaches
                • Creating a Cost of the School Day policy with learners
                • Cost of the School Day calendar, created by learners
              • Events, celebrations and fundraising
                • Pre-loved prom initiative
                • Supporting attendance and easing pressure
                • World Book Week in Dundee
                • Stress-free Halloween celebrations at school
                • Non-stigmatising online fundraising
              • Learners in the lead
                • Cost of the School Day pupil groups
                • Pupils asking parents and carers about costs
                • Young people sharing their views about uniform at the Scottish Parliament
                • Learners take universal free school meal call to the Scottish Parliament
                • Talking directly to politicians about cost barriers at school
                • Cost of the School Day pupil group interview their Headteacher
              • Communicating with families
                • Building relationships and keeping in touch
                • Open and clear written communication about support
                • Communicating commitment to equity
                • Letting everyone know
                • Engaging with partners in the community to share information with families
                • Improved attendance through support and communication
              • Trips, clubs and experiences
                • Funding trips
                • Offering support for trips
              • Learning and resources
                • Digital devices, connectivity and curriculum costs
                • Preparation station
                • After school study cafes
              • Local authority approaches
                • Equity in South Lanarkshire
                • Kit for all, Dundee
                • Financial inclusion support officers in Glasgow
                • Dundee City Council's Cost of the School Day
                • Involving young people in financial inclusion in East Ayrshire schools
              • Parental involvement
                • Parents in partnership
                • Parent equality groups
                • Working with parent groups on costs
            • Big Question report and film
          • Voice network and Youth Voice
            • Voice network in Scotland
            • Voice network news and opportunities - Scotland
            • Voice network activities - Scotland
              • Voice network activities - raising awareness
              • Voice network activities - asking everyone about costs
              • Voice network activities - taking action
            • Youth Voice in Wales
            • Youth Voice in England
          • Contact the Cost of the School Day team
          • The Cost of the School Day reports, blogs and briefings
        • Early Warning System
          • About the Early Warning System
          • Contact the Early Warning System team
          • Early Warning System findings
        • Managed migration
        • Projects in England and Wales
          • Cost of the School Day
          • Early Warning System
          • Secure Futures for Children and Families
          • Managed migration
          • Universal credit, digitalisation and the rule of law
          • Your Work Your Way
        • Projects in Scotland
          • Strengthening Social Security: research into the five family payments
      • CPAG in Scotland
      • The CPAG team
        • CPAG staff
        • CPAG trustees
        • CPAG's patron and ambassadors
        • CPAG trainers
    • Policy and research
      • Findings from our projects
        • The Cost of a Child reports
        • Cost of the School Day reports, blogs and briefings
        • Early Warning System findings
        • Managed migration research project findings
        • Your Work Your Way - findings from the project
        • Secure Futures for Children and Families
        • Universal credit, digitalisation and the rule of law
      • Our position
        • The two-child limit: our position
        • The benefit cap: our position
      • Policy briefings and reports
        • David Webster briefings on benefit sanctions
      • CPAG's Poverty journal
      • Policy books from CPAG
    • Welfare rights
      • Support for advisers
        • Advice line for advisers
        • Support for advisers in England and Wales
          • Support with the judicial review process
            • What judicial review is and how it can help
            • Judicial review template letters
              • Guide to using CPAG's judicial review pre-action letter templates
              • Universal credit and migration to universal credit
              • Other benefits and payments
              • Benefits for people in particular circumstances
              • Decisions, delays and challenging decisions
            • Pursuing to court and finding a solicitor
          • Support with an Upper Tribunal case
        • Support for advisers in Scotland
          • Advising low-income families in Scotland
          • Advising disabled people and carers in Scotland
          • Advising migrant groups in Scotland
          • Advising students in Scotland
          • Advising kinship carers in Scotland
          • Advising care-experienced young people in Scotland
          • Advising families with a child in the care system in Scotland
        • Tell us about your case
      • Handbooks
        • Online handbooks
        • Print handbooks
      • Key topics
        • PIP appeals
          • Introduction
          • Before you appeal
          • Submitting your appeal
          • Checking the law, facts and evidence
          • Writing the submission for your appeal
          • Your appeal hearing
          • What to do when you get the tribunal's decision
        • Maximising income
        • Universal credit
          • Universal credit - the basics
          • Universal credit and sanctions
        • Migration to universal credit
        • Survivors of domestic abuse
          • Financial help for families fleeing domestic abuse
          • Unwanted payments of abuser’s benefit into your account
          • Exceptions to the two-child limit
          • Work-related requirements if you have recently experienced domestic abuse
          • Separated but living in the same property
          • Value of property and its effect on means-tested benefits
        • Benefits for migrants
        • Debt
        • Housing costs
        • Personal independence payment
        • Sanctions and work-related requirements
        • Work capability assessment
      • Tools & templates
        • About our tools and templates
        • Universal credit
        • Migration to universal credit
        • Benefits for migrants
        • Personal independence payment
        • Work capability assessment
        • Revision, supersession and appeal procedure
        • Judicial review
      • Benefits in Scotland
        • Scottish benefits
          • Children and young people
            • Pregnancy and baby payment
            • Early learning payment
            • School age payment
            • Best start foods
            • Scottish child payment
            • Residence rules for best start grant
            • Getting a best start grant if you are not getting a qualifying benefit
            • How to challenge a Social Security Scotland decision
          • Disability benefits
            • Child disability payment
            • Supporting information for child disability payment claims: suggestions for education staff
            • Child winter heating payment
            • Adult disability payment
            • Adult disability payment assessment
            • Scottish adult disability living allowance
            • Pension age disability payment
            • How to challenge a disability benefit decision
          • Help with council tax
            • Council tax reduction
            • Council tax reduction if you live with an adult who is not your partner
            • Council tax reduction if you live in a band E to H property
            • Calculating the new Scottish council tax reduction
            • Challenging a council tax reduction decision
            • When your council tax reduction starts
            • If you get council tax reduction and your circumstances change
            • Other ways to reduce your council tax bill
          • Benefits for carers
            • Carer support payment
            • Carer's allowance supplement
            • Young carer grant
            • How to challenge a Social Security Scotland decision
          • Help with heating costs
            • Child winter heating payment
            • Winter heating payment
            • Pension age winter heating payment
          • Scottish welfare fund
          • Other Scottish benefits
            • Universal credit Scottish choices
            • Funeral support payment
            • Discretionary housing payments in Scotland
            • Job start payment
        • More information about benefits in Scotland
          • Universal credit factsheets
            • Universal credit - the basics
            • Universal credit and students
            • Benefits for lone parent students
            • Kinship carers and universal credit
          • Families factsheets
            • Financial help in the early years
            • Financial help in the school years
            • Financial help for young parents
            • Parents claiming for young people in further education or training
            • Childcare costs: getting support
            • Children looked after by the local authority - impact on family benefits
            • Financial help for families fleeing domestic abuse
            • Universal credit for lone parent students
            • Financial help for families affected by imprisonment
          • Disability benefits factsheets
            • Benefits for disabled children and their families - a checklist
            • Benefits for disabled students
          • Benefits for migrants and refugees factsheets
            • Rights to benefits and tax credits for European nationals
            • EU citizen guide to claiming benefits in the UK
            • Benefits for new refugees
            • Benefits for resettled Afghans
            • Benefits for resettled Ukrainians
            • No recourse to public funds, person subject to immigration control and benefit entitlement
          • Kinship care factsheets
            • Scottish child payment and kinship carers
            • Kinship carers and universal credit
          • Benefits for students and young people factsheets
            • Benefits for students
            • Benefits for care-experienced students
            • Benefits for disabled students
            • Benefits for young people in further education or training
            • Universal credit and students
            • Parents claiming for young people in further education or training
            • Benefits for lone parent students
            • Care-experienced young people and benefits
            • Students and carer support payment
          • Prison and benefits factsheets
            • Financial help for families affected by imprisonment
            • Prison and benefits
          • Veterans and benefits
        • Other CPAG resources on benefits in Scotland
      • Bulletins & articles
        • Welfare Rights Bulletin
        • Articles
        • eBulletins
      • Test cases
        • About legal test cases
        • Support with an Upper Tribunal case
        • Test case updates
        • Refer a test case
        • Support with the judicial review process
    • Get involved
      • Donate
        • Our supporter promise
      • Fundraise
        • Hold a fundraising event
        • Our fundraising heroes
        • Contact the fundraising team
      • A gift in your will
        • How to leave a gift in your will
        • The impact of your legacy
        • Supporter stories
          • Mike's story
          • Ruth's story
          • Gaynor's story
      • In memory
      • Membership
      • Our campaigns
      • Help our work
        • Share your experience of the benefits system
        • Advisers - tell us about your case
        • Voice network and Youth Voice
        • Tell us about your experience of Scottish child payment and other Scottish payments for families
    • Benefit rates
    • Shop
    • Training & events
    • Log in
    • CPAG Home