New Hab Res Test & JSA

Hi,

we have an enquiri regarding a British National who has returned to the UK fleeing DV she has been in the USA for 25 years and has no NiNo. She arrived in December prior to the introduction of the new Hab Res test for JSA. as her children are over 5 years old we think she will have to claim JSA but our question is…...

Does the new Hab Res test apply to all claims from 1st Jan or is there an argument that as she arrived in Dec she can claim with a backdate request to bring her under the old rules & potentially get payments erlyer.

Any Ideas?