Subject:
"Backdated Income Support and Rashid case"
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neil pitt
Welfare Rights Assistant, Welfare Rights Service - Hull County Council Member since 29th Nov 2006
Backdated Income Support and Rashid case Thu 21-Dec-06 10:39 AM
I wonder if anyone has any thoughts on this issue: Usually when someone is granted asylum in the UK they become "refugee". Reg 21ZB of the IS (Gen) Regs allows for backdating of Income Support where the person has been recorded as a refugee under Article 1 of the Convention etc.
The Rashid case involved someone who had been refused asylum but the High Court found this to be wrong and the person was subsequently given indefinite leave to remain.
I now have a case where someone has been given indefinite leave to remain after being refused asylum. The letter from the Home Office makes it clear that the decision is in the light of the Rashid case.
My client has claimed backdated Income Support - no decision has been made yet. I am wondering is there any way of pursuing the IS claim.
The client has claimed JSA as well - which isn't going to be a problem.