Discussion archive

Top Income Support & Jobseeker's Allowance topic #4343

Subject: "retrospective IS claim for refugees" First topic | Last topic
jacky
                              

senior caseworker - general advice, Cheetham Hill Advice Centre
Member since
31st Jul 2007

retrospective IS claim for refugees
Tue 31-Jul-07 10:22 AM

I have a client who recieved refugee status dated 4/7/07 - she is claiming IS as a single parent and we are also submitting a claim for retrospective IS. I am expecting it to be refused and need any suggestions for arguements for appeal.

Client submmtted aslyum claim in December 2000 and her solicitor has agreed to argue that she should have been awarded ILR rather than 5 years limited leave since she has had to wait an unreasonble length of time for her asylum decision. I am going to try the same tact for retrospective I.S i.e had she received a decision within a reasonable time she would have been entitled to claim retrospective I.S before 14/6/07 - am doubtful of chances of success since the delay is the fault of the Home Office rather than the DWP.

Also noted on rightsnet - Mark Willis 1/6/07 - revoking of entitlement to retrospective i.s. may be challengeabe re Art 24 Geneva Convention i.e. refugees should be accorded the same treatment as nationals in respect of soical security etc.

Any experience of the above would be very helpful - also has anyone successfully claimed retrospective tax credits and/or child benefit since 14/6/07.

  

Top      
Top Income Support & Jobseeker's Allowance topic #4343First topic | Last topic