Rebecca Walker
Trainer, LASA, London Advice Services Alliance
Member since 13th Apr 2004
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CTC transfer for PSIC (people subject to immigration control)
Wed 28-Jul-04 02:04 PM |
There appears to be a gap in entitlement for PSIC entitled to IS/ib-JSA, but who only make their claim after 6.4.04 and therefore can't get amounts of IS/ib-JSA for their children, but also can't get CTC - cos they are not covered by one of the groups of PSIC who can get CTC and also are not covered by the transfer provisions of TC(Imm) Regs – Reg 5 and Reg 3 Case 4. The former reg applies to ECSMA/SC nationals (as of 1.5.04 only Croatian and Turkish nationals) and the latter applies to the 3 groups of asylum seekers eligible for IS/ib-JSA.
The wording of these regs is slightly different but broadly says that the claimant will be entitled to CTC if the award would be made on/after 6.4.04 and immediately before the award is made the claimant is, or will be on making a claim, entitled to IS/ib-jsa for a child The provision for the ECSMA/SC nationals adds in that this is as part of the transition onto CTC.
Now that we’re pretty much out of the possibility for backdating IS/ib-JSA claims has anyone found a way round this or what are advisers doing for people in this situation?
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