Housing Benefit for EEA PR Holder

[Skrzyplocz]

Hi,
I just got off from a phonecall with a council worker who claims I cannot claim Housing Benefit as an EEA national who's a permanent resident in UK, citing that according to new rules, only people who have a genuine and effective work can claim (I currently don't).
Indeed, it appears that rules have changed in 2014. However, it also appears that those new rules don't apply for people who are permanent residents (i.e. 5 years exercising treaty rights). I have a document certifying permanent residence, so I think I'm eligible.
Who's right here?

[alijawad786]

Tell you a trick sign up with employment agency and take a letter from them.....or do a work for week or two

having PR document doesnt allow you to get benefits/ specially housing benefit you have to have some job to apply them because they put you under a category.
so yeah council is right pal

[CR001]

having PR document doesnt allow you to get benefits/ specially housing benefit you have to have some job to apply them because they put you under a category.
so yeah council is right pal

Nonsense. Many unemployed people, settled/PR or BC, get housing benefit. Most though claim JSA or ESA etc as well.

[Skrzyplocz]

having PR document doesnt allow you to get benefits/ specially housing benefit you have to have some job to apply them because they put you under a category.
so yeah council is right pal

Nonsense. Many unemployed people, settled/PR or BC, get housing benefit. Most though claim JSA or ESA etc as well.

That's what I thought.
I spent another 20 minutes talking to another council worker and then his supervisor. Each tried to give me different reasons for why I'm not eligible - either that I didn't work in UK for 5 years (I assume that it's their lousy interpretation of the PR requirements, forgetting about 'Student' and 'Self-sufficient' categories), or that I don't have a family member. When I started presenting valid arguments, they told me to send them an email with an explanation instead.

Now, I have found plenty of evidence that I am eligible, but can someone kindly point me to the actual regulation I would fall under? As I said, I have a PR (issued Feb 2017, permanent residence obtained Sep 2012). In the past years I've been mostly a student, and in the past 3 months self-sufficient - although I assume this doesn't matter anyway.

[alijawad786]

having PR document doesnt allow you to get benefits/ specially housing benefit you have to have some job to apply them because they put you under a category.
so yeah council is right pal

Nonsense. Many unemployed people, settled/PR or BC, get housing benefit. Most though claim JSA or ESA etc as well.

That's what I thought.
I spent another 20 minutes talking to another council worker and then his supervisor. Each tried to give me different reasons for why I'm not eligible - either that I didn't work in UK for 5 years (I assume that it's their lousy interpretation of the PR requirements, forgetting about 'Student' and 'Self-sufficient' categories), or that I don't have a family member. When I started presenting valid arguments, they told me to send them an email with an explanation instead.

Now, I have found plenty of evidence that I am eligible, but can someone kindly point me to the actual regulation I would fall under? As I said, I have a PR (issued Feb 2017, permanent residence obtained Sep 2012). In the past years I've been mostly a student, and in the past 3 months self-sufficient - although I assume this doesn't matter anyway.

let me know what they say, i have been let down many times too on the basis i wasnt employed altough i am on EEA 5 yrs card.
its not a non sense get a xxxxxxx grip Moderator edit: Please desist from posting offensive language on the forum

[Skrzyplocz]

let me know what they say, i have been let down many times too on the basis i wasnt employed altough i am on EEA 5 yrs card.
its not a non sense get a xxxxx grip

One thing I forgot to add, is that I already managed to receive Housing Benefit in 2012, based on my permanent residence - even though I did not have a Document Certifying PR yet! True, it required an appeal, but in the end the caseworker agreed with my reasoning that I am a PR and eligible for HB. Now, I realise that the regulations regarding HB for EEA nationals have changed in 2014, but as far as I'm aware these did not include any changes for permanent residents.

[LilyLalilu]

The council is clearly uninformed and in the wrong - if you have PR you are entitled to social assistance on the same terms as British citizens (it even states it on the PR document).
If they continue to be difficult, contact the charity Shelter for assistance, they are really good!

[Skrzyplocz]

Okay, I got a letter from the Council. It lists a few ways I could be eligible for Housing Benefit. The final one is:

"As an EEA National you are eligible to claim Housing Benefit if you have legally resided in the UK continuously for five years and have been economically active by working or registering as available for work with Jobcentre Plus"

Is there any legal basis for wanting to be economically active from a permanent resident? Or should I prepare to fight the council on that?

[rooibos]

Just send them a copy of your PR under threat of breaching your human rights if they refuse to accept it as evidence.

Incidentally I also had my application for HB refused on the ground I am a "person from abroad". This is ridiculous but indicative of tougher approach.

[mhamdsamy]

Hi,
I just got off from a phonecall with a council worker who claims I cannot claim Housing Benefit as an EEA national who's a permanent resident in UK, citing that according to new rules, only people who have a genuine and effective work can claim (I currently don't).
Indeed, it appears that rules have changed in 2014. However, it also appears that those new rules don't apply for people who are permanent residents (i.e. 5 years exercising treaty rights). I have a document certifying permanent residence, so I think I'm eligible.
Who's right here?

i applied for jsa and housing benfits 1 month 2013
1 month 2014 they always stop paying if your jsa allowance stopped
and after i was working they sent me letter asking about how many hours and income details
but i didnt answer because i didnt need it ... so I THINK you have to be recieving jsa or working to get it
i dont know anything about the new rules or the HB test . becuse i only applied befor it . ta