Ukrainian national granted pre-settled status and then refused UC

You can use this template if:

• your client
  • was residing in Ukraine immediately before 1 January 2022
  • left Ukraine in connection with the Russian invasion on 24 February 2022
  • was granted leave to remain through the ‘Ukrainian scheme’
  • was awarded UC and satisfied the habitual residence test (HRT)
  • subsequently applied to the EU Settlement Scheme and was granted pre-settled status
• as a result of being granted pre-settled status the DWP decided that your client no longer satisfied the habitual residence test and stopped the award of UC

It may be possible to adapt the template for claimants in similar circumstances who arrived from Sudan, Israel, and Palestine.

At the time of the decision to end the award of UC the claimant was exempt from the habitual residence test by virtue of reg 9(1) and (4)(zc)(i) of the Universal Credit Regulations 2013 as they:

1. were in Great Britain
2. were residing in Ukraine immediately before 1 January 2022
3. left Ukraine in connection with the Russian invasion which took place on 24 February 2022, and
4. have been granted pre-settled status under the EU Settlement Scheme, which is leave granted in accordance with immigration rules made under section 3(2) of the Immigration Act 1971

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• your client's nationality
• the date your client left Ukraine [date 2 in the template]
• the date your client was granted leave to remain under the Ukraine Scheme [date 3 in the template]
• the date your client claimed UC [date 4 in the template]
• the date your client was granted pre-settled status under the EU Settlement Scheme [date 6 in the template]
• the date your client requested a mandatory reconsideration (MR) of this decision to end the award of UC [date 7 in the template]

Information about the decision

• the date the DWP initially decided your client satisfied the habitual residence test [date 5 in the template]
• the date of the DWP's decision that your client was not entitled to UC because they no longer satisfied the habitual residence test [date 1 in the template]
• the date the DWP provided reasons for its decision that your client was no longer entitled to UC [date 8 in the template]
• the date of the MR notice they received after requesting a MR of the DWP's decision to end the award of UC [date 9 in the template]
• if your client was notified of a UC overpayment, the date of the notification [date 10 in the template]