Terms & Conditions

[yorkie]

does someone born in Bermuda with “british overseas territories” as their “nationality” showing in their passport count as British?
thanks everso

[Peter Barker]

Yes they do. Of all the various legacy forms of citizenship/nationality with “British” included somewhere, that is the only one that actually confers full British citizenship.

https://www.legislation.gov.uk/ukpga/2002/8/crossheading/british-citizenship

[yorkie]

oh thank you very much.
so as she has been here since April 22 I can treat her as fully entitled to Housing Benefit?
she was placed in homeless in August 22 and only now making a claim for HB.

can i also ask as a “general” question….. if PFA is entitled to UC, do we as a Council have to do any further checks or can we assume DWP have done the necessary?

The reason i ask is because i always remember a PFA claiming JSA did not mean a passport to HB and we still had to look at the work issue…..and i didnt know whether Universal Credit was different. As far as i am aware DWP have not issued a circular regarding this.

(i did book the PFA course but understand it has been postponed till september)

thanks everso

[Andy Thurman]

Hi,
The point Peter is making here is that the status of this person from Bermuda is effectively the same as an ‘ordinary’ British citizen. Had she claimed on arrival, she may have failed to establish habitual residence but this would have been established by Aug 22 – hopefully your homeless accommodation has a daily liability as you can then pay back to that date!
The JSA/worker stuff was due to a specific rule around ‘workseekers’ in PFA rules (for a period of time) during our EU membership – PFA stuff is almost extinct.
The only thing that really matters now is immigration status but, in the unlikely event you know they have no leave or the wrong kind you can over-ride UC. (Unlikely as DWP don’t tend to pay if they aren’t completely sure – so more likely you decide you can pay before they do – but also because you would not tend to look behind their decision if already known).
Apologies for the delay btw and see you in September…

[Author]

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