Forum Home → Discussion → Residence issues → Thread
Refugees - getting child benefit backdated to the date of the asylum application - claim rec’d 3 months + 1 day
We saw a refugee client on the last day of the 3 months, so they couldn’t claim ChB in time to get it backdated to the date of their asylum claim.
The online ChB claim form (Beta version) wasn’t live then so the only options at the time were phone and post. They wouldn’t take a phone claim because the child was born abroad but we did still try to claim that way so that it would be recorded.
The ChB claim form was completed on the same day but arrived at +1 day as it had to be posted so the ChB claim hasn’t been backdated (beyond the standard 3 months). I appreciate that this is a long shot and probably won’t succeed, but does anyone have any thoughts?
I’ve also looked at HMRC v BZ [2022] UKUT 264 (AAC) and will consider the Home Office grant letter. Although it doesn’t explicitly tell him he can’t claim benefits until he gets the BRP, it does include a leaflet which says you should do these things *after* receiving the BRP.. i.e. claim benefits. The BRP wasn’t issued until 2 weeks later so he’d have made a ChB claim in-time then.
Thanks in advance