Access to Benefits with Pre-Settled Status

The claim was refused by DWP on the basis that the client had no qualifying right to reside, but the tribunal judged that the appellant is entitled to rely upon the EU Charter of Fundamental Rights even after the end of the Brexit “transition period” on 31 December 2020. The basis for this judgement was that the claimant was a vulnerable person at risk of destitution as a consequence of the decision to deny benefit.

Following further submissions from the Secretary of State the case will now go to the Court of Appeal.

Full details of the case and an information note for advisers outlining how to deal with similar cases are available on the CPAG website.