The article in the news section mentions the integration loan "coming into force, for those recorded as a refugee after 14 June 2007". Recorded where? Does this mean for those granted refugee status after 14th June, or for those making a claim to benefit after the 14th June? Can refugees who were given leave to remain before 14th June still claim the backdating?

And is 11th June still significant? - that was the date that was originally mentioned.

Oh my poor head.....

Looking at the SI I thought it was fairly clear that the ammendments do not 'apply to a person who is recorded as a refugee on or before 14th June 2007'.Presumably therefore anybody with a positive decision recorded by the Secretary of State before Friday can still claim backdated benefit as long as they claim within the appropriate time limits.
I'm less clear about the scope of these provisions as although the publicity seems to refer only to scrapping the backdating of IS,JSA & HB, looking at the provisions of the Asylum & Immigration (Treatment of Claimants) Act 2002, I suspect they may also relate to CB & CTC backdating. Can anybody reassure me that I'm wrong?

Julian

re CB and CTC ...

the schedule to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 7 and Transitional Provisions) Order 2007 provides for repeal of a list of regs, that includes ...

... para 22 of schedule 4 of the tax credits act 2002 that relates to child benefit backdating .... so looks like they have got child benefit ...

but non of the repeals seem to relate to tax credit backdating, that's provided for by regulation 3, case 5 of the Tax Credits (Immigration) Regulations 2003 ...

... anyone else have any thoughts .......?

My thought would be to remove that last post before the Tax Commissioners read it and make the relevant SI.....

I'm just bumping this back up to the top again as I'd like your collective thoughts on the above tax credits info - has this changed? I've just seen somebody who was granted refugee status on 11/2/09 so please tell me what backdating I can go after on her behalf and what time limits there are on it.

Thanks

Yes the situation remains the same for refugees. Tax Credits can be backdated to the date of application for asylum as long as the claim is made within 3 months of the notification of status. Just add a letter with the claim making your request & this should eventually be passed to the PFA Section who are actually quite efficient. However, arrears are calculated by deducting all NASS payments made for the family from Tax Credits that would have been due. As a result, although significant payments of arrears can be obtained, in my experience NASS payments often exceed the Tax Credit award. I have raised the issue about NASS deductions being made for periods before children were born & there was no TC entitlement but was advised by TCO that this is their policy & by CPAG that although this might not be the intention of the regs, the wording didn't invite a challenge.
Finally, regarding backdating of Child Benefit, contrary to popular wisdom at the time, this hasn't been abolished, again claims need to have been made within 3 months of notification.
Julian

Wed 04-Mar-09 04:01 PM by Ali Lord

Thanks Julian.

My client has a child who was born whilst she was under NASS support - am I right in thinking that she would only be entitled to the baby element minus a bit for the amount that NASS is above the child element? (Does that sentence even make sense?) I would work it out but it's too close to home time. Or does the whole NASS award (ie mother and child) get taken into account?

If you try working it out you're likely to hurt something! Every time I've tried I've been wrong. My advice is to make the backdating request, fill in the copious forms that follow & see what happens. To be honest it's bound to be a bit of a lottery as a lot depends upon the amount of NASS support quoted on the NASS 35. I assume these figures are picked randomly. One final tip, if you can request backdating to the date refugee status is granted (maximum of 93 days) before pursuing backdating to the date of the asylum application, then for this short period NASS support isn't deducted. I've recently lost an appeal where I did it the other way round.
Julian