PRE-SETTLED STATUS AFTER 6 MAY 2019
CPAG are challenging the DWP's refusal to accept pre-settled status as a Right to Reside which gives rise to eligibility for benefits.
In the meantime, if your client has been refused Universal Credit due to their pre-settled status not being accepted as a qualifying right to reside, please send a mandatory reconsideration request. You can produce one using the template on AskCPAG (this will complete a letter for you) or prepare one yourself using the arguments in the letter below (this was prepared as a judicial review letter before the CPAG challenge started, but can be adapted for a mandatory reconsideration request). Then, when this is refused, lodge an appeal. This will enable the decision to be changed if the CPAG challenge is successful.
If your client has any other qualifying right to reside you should always provide evidence of this as well, because, if it is accepted, that will enable them to be paid benefit more quickly.
CPAG test case
Fratila and Tanase v SSWP CO/3632/2019
Judgment has now been received, please go to CPAG Test Cases for more information. The Claimants will be seeking permission to appeal to the Court of Appeal.