We have client who applied for asylum in mid-2005 and Home Office (Oakington) decided in mid-2006 'to grant asylum and leave to remain in the UK for five years'. However, Home Office only issued status document in mid-2008, with limited leave to remain until mid-2011 (i.e., the three remaining years of the five years starting when the decision was made).

Client then claimed income support backdated to date of asylum application, under the old rules applying to people granted refugee status before June 2007 (when the backdated IS entitlement was abolished and replaced by integration loans). Jobcentre Plus refused claim on basis that 'Home Office decision was after (the abolition date in June 2007)'.

This refusal is self-evidently wrong: it was merely the issue of documentation that was after the latter date, as evidenced by the status document only giving three years' leave.

I'd be grateful to hear from anyone who has experience of a similar case, or knows of any precedents.