i've got a client who's husband claimed asylum in 1999. he later claimed DLA and was refused because no status. then in 2003 was granted indefinate leave to remain and the DLA was backdated to 13/3/01. in meantime his wife did claim CA at time of DLA claim but refused because no DLA award. then when husband awarded DLA she applied again and was awarded CA from date of indefinate leave being granted, which was July 2003. they would not backdate to date of DLA claim/award because they said she did not have indefinate leave to remain from that date even though we discussed issue that partner made asylum application to include all family, therefore once indefinate leave granted, it is for the whole family and not just the husband. therefore back-dating rules apply. the CA unit did not agree and we went to tribunal. the chairman agreed with our argument and awarded back-dated benefits. the issue now is that the CA unit is considering taking case to commissioners because they don't understand why this decision was made. the issue at hand seems quite clear to me on backdating rules but now i'm getting confused. has anyone been in the same predicament or does anyone know of any information that can shed light on the matter. all information i have concentrates on the person making the asylum claim, not come accross any specific wording that this backdating includes partners or siblings in their benefit claims. any help is appreciated.

The Reg you want is the Claims and Payments Regs 1987, Reg 6(16)-(18). However, until it was amended from April 2002 it did not apply to qualifying benefits awarded to members of the claimant's family.

So although the tribunal's decision was right in principle it would appear that backdating is limited to the date that the above amendment to Reg 6 took effect.

This is what the Department may be considering appealing.

Regards
Paul.