Adviser toolkit: EEA nationals and worker/self-employed status

The Hub has launched an adviser toolkit on how to establish worker/self-employed status for EEA nationals. This will be relevant for those supporting EEA nationals with pre-settled status or a certificate of application to access welfare benefits such as Universal Credit in the UK.

The DWP often miscategorises EU workers at first instance as not having worker status. We have put together this toolkit to help advisers argue that their client’s work should give them a qualifying right to reside. The toolkit provides a list of some of the relevant arguments and case law that can be adapted and used to challenge a decision that an EEA client does not have worker status.

Read the adviser toolkit on EEA nationals and worker/self-employed status

Arguments to consider for those relying on pre-settled status to access benefits

The Hub launched a new template skeleton argument to assist advisers when trying establish eligibility for benefits for EU nationals and their family members with pre-settled status but no other qualifying right to reside.

The template may be (or any part of which may be) useful at the point of mandatory reconsideration and appeal, when representing a client who is relying solely on their pre-settled status as a qualifying right to reside to access benefits. This template addresses claims relating to periods after the Brexit transition period ended on 31 December 2020 (please contact us if you have queries about drafting arguments for claims relating to periods before then).

We have received a lot of queries about the rights of people with pre-settled status to claim benefits, and queries from advisers trying to understand the implications of Fratila. Our key take-away point is that Fratila does not close off the possibility of accessing means-tested benefits as a person with pre-settled status. 

Read more and download the PSS access to benefits template