Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how many (a) EU nationals and (b) EU nationals with proof of Settled Status have had their claims for universal credit refused since March 2019; and what steps she is taking to ensure Settled Status is accepted as proof of residence by her staff.

Eligibility for Universal Credit depends on a person’s immigration status in the UK. DWP operates a Habitual Residence Test in order to assess whether individuals have a legal right to reside for the purpose of accessing benefits and are factually habitually resident.

Since 1^st March 2019 to January 2020 there have been 27,600 UC Full Service claims closed due to failing the HRT from EEA nationals. Nearly 200,000 EEA nationals were successful in gaining access to Universal Credit during this period, showing the vast majority were accepted. It is normal on UC for some claims to be closed prior to first payment, this can be due to a number of reasons including claimants withdrawing their claim and some claims not being eligible.

The Home Office’s EU Settlement Scheme (EUSS) allows EEA citizens to apply for settled status (typically on the basis of five years’ residence in the UK) and confirm their right to reside in the UK. The Habitual Residence Test recognises leave granted under the EU Settlement Scheme. EEA citizens with settled status who demonstrate habitual residence in the UK will pass the Habitual Residence Test (HRT) and be eligible to access tax-payer funded benefits, such as Universal Credit (UC).

The Department does not hold information on the number of EU nationals with settled status who have been refused UC.