universal credit for EU citizen

[priya0405]

We are Italian citizen. We have pre settlement scheme from December 2020. Can my brother, who is 27 years old, apply for universal credit if my 16 aged brother and my mother are dependents on him? If yes, which are the requirements? How much he can get?

[JB007]

We are Italian citizen. We have pre settlement scheme from December 2020. Can my brother, who is 27 years old, apply for universal credit if my 16 aged brother and my mother are dependents on him? If yes, which are the requirements? How much he can get?

The UK has stated that pre-settled status does not give Universal Credit. The court upheld that. The appeal court ruled by a split decision, that these could claim UC but that would only start at the end of February 2021. I assume the UK will appeal this.

Even if he can claim UC, he would have to claim as a single person.

He will get very lttile and I doubt the housing element would cover his rent as the UK only pays at the 30th percentile of rents in that area. His housing element would be even lower as he is under age 35. The £90 extra per months due to the pandemic, is due to end in April.

The requirments are that he must prove he is looking for work for at least 35 hours a week.

[JB007]

For those who are allowed to claim Universal Credit, they have to sign a claimant commitment. You can read what that means.
https://www.gov.uk/universal-credit/you ... sibilities


You asked how much (if those on pre-settled can have Universal Credit). An amount towards rent and about £71 a week for a single person. But from that £71 a week, he has to pay any rent shortfall (that Universal Credit does not cover) and Council Tax. Even those out of work have to pay Council Tax, but they can ask their council for a reduction; each council set their own percentage reduction. What's left of that £71 a week, he has for food, gas and electric, internet, mobile bill, travel to the job centre as often as he told to go, etc UC is paid monthly and as said, the extra £90 a month due to the pandemic, is due to end in April.

Rent and Council Tax are priority payments.
Rent - not paying for housing will mean an eviciton. As that is making yourself intientionally homeless, the council will not have to house you.
Councils have a lot of powers to claim the money they are owed through the courts, and they use them.

[priya0405]

Thank you for your response. I have further questions, can you please help me out?

1- I heard that who works can show his income and the rest of the house rent is covered by the housing benefit.. (suppose rent is 900, my income is 400, the rest 500 is covered by housing benefit). I'm a little confused about the matter, can you please explain? if my brother start to work will it be applicable to him?

2- can my brother receive and additional benefit , like house benefit, or child benefit if my little brother (16 years) and my mum are dependent on him?

3- if what I have asked is not applicable what about my little brother and my mum? how they can manage their maintenance cost?

[JB007]

Thank you for your response. I have further questions, can you please help me out?

1- I heard that who works can show his income and the rest of the house rent is covered by the housing benefit.. (suppose rent is 900, my income is 400, the rest 500 is covered by housing benefit). I'm a little confused about the matter, can you please explain? if my brother start to work will it be applicable to him?

If something sounds to good to be true, then it usually is.

As said, the maximum the UK welfare pays towards rent, is the 30th percentile of rents in that area. e.g. 100 people pay different amounts of rent for their 1 bedroom property in that area and the highest rent is with the 100th person and the lowest rate is 1, they will only pay the 30th person rent as a maximum. As your brother is under age 35, he then gets a lower amount of that rate, as UK benefits for rent is based on the maximum number of bedrooms they are allowed (for benefit purposes). From that amount, they then deduct his earnings and any capital, to get the final amount they pay towards his rent/his share of the rent. It won't be much. Universal Credit is designed to get people to work.

2- can my brother receive and additional benefit , like house benefit, or child benefit if my little brother (16 years) and my mum are dependent on him?

For UK welfare payements, his mother and younger brother are not dependant on him. As said, he claims as a single person and he cannot claim extra benefits for his mother and younger brother. Housing Benefit has been replaced by Universal Credit.

3- if what I have asked is not applicable what about my little brother and my mum? how they can manage their maintenance cost?

If the UK loses in couirt and they must give those on pre-settled status, Universal Credit, your mother makes her own claim for UC and adds her 16 yearr old son as her dependant. As her son is age 16, your mother (just like your 27 year old brother) will be required to work too and earn 35 hours a week at the national minimum wage to avoid the Universal Credit Condtions. But unlike your 27 year old brother, she will have a work allowance as she has a child: which means she has an amount she can earn before her wages reduce her Universal Credit amount. She willalso have a 2 bedroom allowance. Once her son is age 18, your mother can't claim for him and she loses her UC work allowance too as she is now a single UC claim. Child Benefit is nothing to do with UC and she can claim that until her son is age 18.

If pre-settled settled status are not allowed to have Universal Credit, then your brother and mother will not be able to claim Universal Credit until they have been granted Settled Status. Pre-settled status is just LLR (Limited Leave to Remain) and those on LLR cannot have UK benefits for 5 years.

[JB007]

Read the Universal Credit link that I gave above, to read how Universal Credit works.

[priya0405]

just last clarification.

they will only pay the 30th person rent as a maximum.

what does it mean? they will help only 30% of people with their rent (ex. if 10 persons apply, only 3 will get the benefit) or it means that you will receive 30% of your rent (ex. if your rent is 600 you can receive 180)?

thank you

[JB007]

just last clarification.

they will only pay the 30th person rent as a maximum.

what does it mean? they will help only 30% of people with their rent (ex. if 10 persons apply, only 3 will get the benefit) or it means that you will receive 30% of your rent (ex. if your rent is 600 you can receive 180)?

thank you

The latter, but that is only the maximum amount payable and from that they make further deductions to find the amount they will pay a claimant.

As said, the maximum the UK welfare pays towards rent, is the 30th percentile of rents in that area. e.g. 100 people pay different amounts of rent for their 1 bedroom property in that area and the highest rent is with the 100th person and the lowest rate is 1, they will only pay the 30th person rent as a maximum. As your brother is under age 35, he then gets a lower amount of that rate, as UK benefits for rent is based on the maximum number of bedrooms they are allowed (for benefit purposes). From that amount, they then deduct his earnings and any capital, to get the final amount they pay towards his rent/his share of the rent. It won't be much. Universal Credit is designed to get people to work.

[CR001]

claiming-benefits/uc-for-full-time-stud ... l#p1980342

[JB007]

claiming-benefits/uc-for-full-time-stud ... l#p1980342

So which story is it? The one in this thread? Or the one in the thread CR001 has attached?

[JB007]

You appear to have an unrealistic expectation of the UK benefit system. You will all have to work.

From your other thread -

I'm in UK from December 2020. I have pre settlement scheme and I have a part-time job. I applied for EU family permit for my husband and in-laws who are currently in India.

Why are you only working part-time? There is no limit to the number of hours you can work and how many jobs you can do.

1) can I get housing or other benefit if I apply for UC ? if yes, how much can I get according to my situation since my husband is not here right now?

Have you found a landlord who will let you rent you a property when you only work part time and can't afford the rent? Landords tend to avoid welfare claimants and prefer those who work full time.

You cannot have UK benefits as you only have pre-settled status and the UK states you must have Settled Status for benefits. As said, the court of appeal say you can apply for UC fromthe end of Febuary, but wait and see if the UK challange that.

However, you also need to be in the UK for 3 months to be able to claim Universal Credit; even British citizens cannot arrive in the UK and claim Universal Credit for 3 months. Universal Credit pays 5 week in arrears.


Even when you are allowed to claim Universal Credit, the UK welfare state does not pay all the rent and as already said, at age 25 you won't get much towards your rent at all. You need to be over 34 to get more help towards the rent, and even then if won't cover the full rent.


2) what will be the situation, regarding my UC, once my husband and my in-laws will enter in UK and share house?

You ask your landlord if your husband and your in-laws can live in the property you have rented. If the LL agrees to them living in the property, the LL will likely want to add them all to the tenancy contract so that everyone is each liable for the full rent. Meaning the landlord can persue any of you through the courts if the rent is not paid. If the LL doesn't agree, you are still liable for the rent until the end of the contract, unless there is a break cause and you action it.

3) can I get an extra benefit if my in-laws are dependent on me?

Already answered in this thread (although you said it was your 27 yerar old brother who wantred to claim), no.

4) how the situation, regarding benefit, will change if I claim for a student finance since I have to start post-graduate full time course from September?

There is no Universal Credit for students. Students work and save to go to university and then work while they study.

5) can my husband and my in-laws rent house and apply for benefits since they are non-EU? if yes, which benefit are applicable to them, and how much they can receive?

I doubt they willl find a landord who will allow then to live in their property if they dont' work.
They might not be able to claim UK benefits until they have Settled Status in 5 years time.

Even if they can claim with pre-settled status, how would your husband be able to get Universal Credit when you are a student? Your student loans, even if you don't take them, are too much money for your joint Universal credit claim; plus he has to work a minimum of 35 hours a week at NMW (£1322.53 a month, rising in April) and then there are your wages too as you will be working to fund your student living.

If you don't study and claim UC (if you are allowed on pre-settled status) you will also have to work 35 hours a week @ NMW, £1322.53. That's 70 hours a week between you at NMW and £2545 a month, which is too much for Universal Credit. That's how UC works in getting people to pay for themselves as UC has ended claimants chosing benefits as a lifestyle choice. It would be the same for your parents joint Universal Credit claim (if they can claim on pre-settled status) and they need to work 35 hourts each a week at NMW.

Did you read the UC claimant committment link above? And what happens to those who won't work/work much? About the sanctions of benefits that can last 3 years? etc?

[priya0405]

thank you