PDF: DWP Benefits Guidance – DMG – When Back in the UK

DWP benefits guidance for Singhers back in the UK

This document is official DWP guidance containing information that would be useful to those of you who have completed the Surinder Singh Route and are back in the UK and are having trouble convincing the DWP of your non-EU relative’s rights to claim benefits and of your rights as a returning Brit to skip the Habitual Residence Test and claim benefits. The guidance is titled “DMG Volume 2, Chapter 7, Part 3”. DMGs (Decision Makers’ Guides) are DWP guidelines that DWP staff must adhere to.
In the case of non-EU relatives having trouble claiming benefits, refer the DWP staff member to DMG 072900 in the guidance, which importantly says this:
“Note: if certain conditions are met, family members of British citizens have the same EU law rights to reside as they would if they were a family member of another EEA state (see DMG 073254 et seq for full details of the conditions). Thus where the conditions are satisfied and the British citizen would fall within the terms of DMG 072800 1. and 2, if they were a national of another EEA state, their family members should be treated in the same way as a family member described in DMG 072800 3. As such they will not be a “person from abroad” for the purposes of IS, JSA(IB) and ESA(IR). Nor will they be a person treated as not in GB for the purposes of SPC.”
What the above means is simply that if a British citizen has completed SS, then his non-EU relative should not be considered as a “person from abroad”, meaning that they are entitled to benefits without even needing to satisfy the Habitual Residence Test. Note that an EEA Family Permit or Certificate of Application are not strictly necessary for benefits, because all that matters is that the British sponsor has satisfied the conditions in Regulation 9 of the Immigration (EEA) Regulations i.e. has completed SS. However, if you have an EEA Family Permit, you can tell the DWP staff member that an EEA FP in fact proves that the British sponsor met the conditions of DMG 073254 i.e. completed SS.
In the case of returning Brits being refused benefits because of the habitual residence test, refer the DWP staff member to DMG 071351 – 071353 in the guidance, which says this:
“Resuming previous residence
071351 A person with habitual residence in the CTA who exercised his right to freedom of movement under European law and then returns to resume his residence in the CTA may be habitually resident immediately on his return.
071352 A JSA(IB), IS, ESA(IR) or SPC claimant who
1. was previously habitually resident in the CTA and
2. moved to live and work in another Member State and
3. returns to resume the previous habitual residence
is habitually resident immediately on arrival in the CTA.
071353 In deciding whether the claimant is resuming previous residence the DM should take account of the length and continuity of the previous residence in the CTA, his employment history in the other Member State and whether the claimant has maintained sufficient links with the previous residence to be said to be resuming it rather than commencing a new period of residence.
Example 1
The claimant, a UK national, lived and worked in UK before moving to Germany where he worked for several years. He was made redundant and having failed to find work in Germany for three months he returned to the UK where he had family and friends. On claiming JSA(IB) he stated that his intention was to find work and remain permanently in the UK. JSA was awarded because he was resuming a previous habitual residence.”

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