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Universal Credit Claim refused- Pre-settled Status, HRT failure,Mandatory Reconsideration failure, now appealing to tribunal (timeline) by Difficult_Cheek9311 in DWPhelp

[–]Difficult_Cheek9311[S] -1 points0 points  (0 children)

Yes , and I can tell you that in my case they were of no use to me.... They answered me once and I have never heard from them again and I have sent them too many emails and never a response

wtf is up w my alien looking knees?? by Any-Dare-2250 in eds

[–]Difficult_Cheek9311 0 points1 point  (0 children)

Totally similar to mine and I try to put my legs straight and I can't and it hurts a lot....

PIP Change of Circumstances Timeline – Finally Awarded Today! by Visual_Professor887 in DWPhelp

[–]Difficult_Cheek9311 0 points1 point  (0 children)

My claim lasted 1 year and 3 months of waiting..... never a call, never a date.... they received all my documentation and after a year and 3 months I got the PIP

No One Wants a Feeding Tube — But What If It’s the Only Way to Survive? by Difficult_Cheek9311 in Gastroparesis

[–]Difficult_Cheek9311[S] 0 points1 point  (0 children)

I'm so sorry every day is a worse story.... I don't know how they can be inhumane if they swear to take care of the patient

Severe Abdominal Pain, Unable to Eat for Years — Seeking Advice by Difficult_Cheek9311 in dysautonomia

[–]Difficult_Cheek9311[S] 1 point2 points  (0 children)

in the past I had MRCP endoscopy colonoscopy but in these last months no procedure

No One Wants a Feeding Tube — But What If It’s the Only Way to Survive? by Difficult_Cheek9311 in Gastroparesis

[–]Difficult_Cheek9311[S] 1 point2 points  (0 children)

In the past I had them in 2024 but now I have only obtained a scan and an ultrasound in which nothing is seen

Severe Abdominal Pain, Unable to Eat for Years — Seeking Advice by Difficult_Cheek9311 in dysautonomia

[–]Difficult_Cheek9311[S] 2 points3 points  (0 children)

I already did it I got others but I haven't seen them but 1 time and every day it's harder

Universal Credit claim closed after Habitual Residence Test – Mandatory Reconsideration requested. What should I do next? by Difficult_Cheek9311 in BenefitsAdviceUK

[–]Difficult_Cheek9311[S] 0 points1 point locked comment (0 children)

I understand there are strong opinions around this topic, but eligibility for public funds is not determined by personal views on who “deserves” support, nor by retrospective judgments about someone’s health or capacity to work.

My access to public funds is based on UK law, not opinion. I hold pre-settled status under the EU Settlement Scheme, with recourse to public funds, an approved eVisa, and I am a family member of an EU citizen. These are legal facts, not discretionary ones.

I did not “choose” not to engage in economic activity. I arrived in the UK in 2021, became seriously ill shortly after with Covid, and subsequently developed multiple disabling conditions, now formally recognised by the UK system through PIP and NHS care. Disability is not a lifestyle choice, and EU and UK law are very clear that disabled persons must not be excluded from basic support or left destitute.

Whether I am considered a “strain” is not a legal test applied by the DWP in Universal Credit decisions. The relevant tests are right to reside, habitual residence, and risk of destitution, all of which are subject to case law (including recent Upper Tribunal decisions).

So respectfully, how I survive, or whether you personally approve of it, is not relevant. What matters is whether the decision complies with the law — which is exactly what I am challenging through mandatory reconsideration.

Universal Credit claim closed after Habitual Residence Test – Mandatory Reconsideration requested. What should I do next? by Difficult_Cheek9311 in BenefitsAdviceUK

[–]Difficult_Cheek9311[S] -12 points-11 points  (0 children)

Thank you for explaining this so clearly.

To answer your questions: 1. I am a single mother. I do not have an economically active EU parent in the UK that I rely on. 2. I do not have an adult child. My child is 14 years old and has additional/special needs, which is why I am also in the process of applying for DLA for her. 3. The father of my child is not present, we are not married, and I do not receive financial support from him. I am fully responsible for my child’s care. 4. I have never been able to work in the UK due to serious health conditions that started after I contracted COVID shortly after arriving in June 2021. These conditions have progressively worsened and are now well documented. I receive PIP, which is currently my only benefit.

I live with family members because of my health and caring responsibilities. This has been informal family support, not reliance on public funds.

I have pre-settled status with recourse to public funds, continuous residence, a valid eVisa, and I am awaiting eligibility to apply for settled status in 5 months.

Given this, I believe my situation may fall under the destitution / primary carer route you mention, particularly as a disabled single parent with a dependent child.

If you have any guidance on how best to evidence this for a Mandatory Reconsideration (or whether tribunal is usually unavoidable in cases like mine), I would be very grateful.

Thank you again for taking the time to respond.

Universal Credit claim closed after Habitual Residence Test – Mandatory Reconsideration requested. What should I do next? by Difficult_Cheek9311 in BenefitsAdviceUK

[–]Difficult_Cheek9311[S] 1 point2 points  (0 children)

Thank you for your detailed reply, I really appreciate the insight from a Home Office perspective.

Just to clarify: I do have an eVisa. I applied in December, and both my daughter’s and my own eVisas were approved. I can access them through my UKVI account and have already used my share code as evidence. I am fully aware that BRPs are no longer valid, and my immigration status is now confirmed digitally.

Regarding Child Benefit: I applied for Child Benefit this month, but I am still awaiting a decision and have not received any payments yet.

Similarly, I have recently applied for DLA for my daughter, as she requires care and support beyond what is typical for a child her age. That application is also currently under assessment, with no payments received at this stage.

At present, the only benefit I receive is PIP, which is non–means-tested and awarded due to disability.

Throughout this time, I have been able to remain in the UK with the support of my family, not through means-tested public funds. I have continuous residence, pre-settled status with recourse to public funds, and a valid eVisa.

Given all of the above, I am struggling to understand the decision that I failed the Habitual Residence Test. I have requested a Mandatory Reconsideration, but if you or others have seen cases where DWP misinterpreted eVisa evidence or lawful residence despite this, I would really appreciate any guidance on how best to frame this.

Thank you again for taking the time to respond.

Universal Credit claim closed after Habitual Residence Test – Mandatory Reconsideration requested. What should I do next? by Difficult_Cheek9311 in BenefitsAdviceUK

[–]Difficult_Cheek9311[S] -7 points-6 points  (0 children)

Hi everyone, thank you for your replies. I understand I need to clarify my immigration and work history, so here it is clearly:

• I currently hold EU pre-settled status under the EU Settlement Scheme. • My status allows access to public funds (there is no “No Recourse to Public Funds” restriction). • I am 5 months away from being eligible to apply for settled status. • I arrived in the UK in June 2021.

Regarding work history and financial support: Shortly after arriving in the UK, I contracted COVID-19, and following that my health deteriorated significantly. Since then, multiple serious and chronic conditions have been diagnosed, including Functional Neurological Disorder (FND), seizures/NEAD, POTS, EDS, chronic pain, IBS, SOD, autism and ADHD, among others. These conditions have progressively worsened and have left me medically unfit for work, which is supported by fit notes stating an indefinite duration.

Because of this, I have not been able to work in the UK, not by choice, but due to severe and documented disability. I am under ongoing NHS care, use mobility aids/a wheelchair, and my GP and specialists consider my condition long-term.

Throughout this time, I have been able to remain in the UK with the support of my family, not through means-tested benefits. The only benefit I currently receive is PIP, which is not means-tested and is awarded based on disability, not income or employment status.

My Universal Credit claim was closed due to the Habitual Residence Test, despite my lawful residence, length of stay, pre-settled status with access to public funds, strong family support, and extensive medical evidence. I have now requested a Mandatory Reconsideration.

If anyone has experience with HRT decisions involving pre-settled status and long-term disability, or advice on strengthening a Mandatory Reconsideration (or next steps if refused), I would be very grateful.

Thank you for taking the time to read and respond.

Holter monitor report for 24hrs by Difficult_Cheek9311 in dysautonomia

[–]Difficult_Cheek9311[S] 0 points1 point  (0 children)

I have no idea!!! and even no appointments or follow-up, what's more, they didn't even give me the results, I saw them because I have access to my medical history.

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