The Department for Work & Pensions (DWP) have stayed this decision until 26 February 2021 and are not following the Court of Appeal decision until then and may decide to challenge this decision.

People who are in a similar position should now take the following steps:

  • People with pre-settled status who have not yet made a claim for benefit should claim benefits to which they think they are entitled as soon as possible. If these claims are refused they should challenge them as outlined below.
  • People who have pre-settled status and have failed the habitual residence test in a claim for means-tested benefits (including Universal Credit) should apply for a “revision” of the decision (mandatory reconsideration), if they have not already done so. If the mandatory reconsideration is refused they should appeal against this decision.
  • People who have already had a mandatory reconsideration refused should immediately appeal against the decision to the first-tier tribunal, relying on the Fratila Court of Appeal decision. These appeals may need to be stayed.