Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if he will make it his policy to lift the stay of decisions on Universal Credit claims by EU citizens with pre-settled status who notify his Department that they are not able to meet their basic needs as a result of that stay.

Where an appeal is pending in a lead test case, as there is in relation to EU citizens with pre-settled status in scope of SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC), then under Section 25 of the Social Security Act 1998, the Secretary of State for Work and Pensions has the power to stay making decisions on any lookalike claims.

A stay may be lifted where there is application on hardship grounds. Each application is considered on its merits.

We are not staying any cases where a right to reside has been identified for those with pre-settled status, and in such cases, the grant of UC should follow subject to the usual eligibility criteria being met.