If a positive decision is made on an application for asylum, a person is no longer an asylum seeker and is granted one of the following statuses: Following a positive decision, support from the Home Office stops and the person is given 28 days to navigate the social security system and also, in many cases, vacate their accommodation and find somewhere else to live.
All the above types of leave allow the person to claim benefits and tax credits on the same basis as a UK national and mean s/he is no longer a 'person subject to immigration control'.
to improve their notifications to new tax credits claimants of their entitlement to backdating but those who have missed out will need to take action.
Note that the abolition of backdating rules only applies to adults, and separate provisions relating to benefits for children were not revoked (see below).
The Geneva Convention provides that refugees must be treated in the same way as nationals in relation to public relief and social assistance.4The reason for the backdating provision was that someone is legally a refugee from the date that they meet the criteria in the Convention, no matter how long it takes for the Government to recognise this fact.5This interpretation is supported by European Council Directive 2004/83/EC, which is based on the 'full and inclusive application of the Geneva Convention'.
Mark Willis examines the rights of refugees to claim benefits and the problems that can arise.
Recent developments in the benefits system and the asylum process mean that refugees face fresh challenges in securing the support they need to build a new life in the UK.
The main group is those who are in work but who are not responsible for children. In those cases, the claim is normally paid only from the date did not tell claimants that they could be entitled to backdating, nor how to ask for it.
Until more recently, backdating was generally not mentioned on the claim form, or in the claim form notes, or in any of the WTC leaflet series or on the updated their website and the claim form notes from April 2010 to include information about backdating and how to request it.
The claim form itself still does not mention backdating, which is disappointing.
In spite of all this, will not be actively seeking out those who may have missed out on backdating in the past. If you think you may have missed out on backdating, you may be able to have your case looked at again even if you no longer claim tax credits or your claim has already ended.
Article 28 of the Directive says that 'member states shall ensure that beneficiaries of refugee status receive the necessary social assistance as provided to nationals of that member state'.
Asylum support (even with payment of utility bills) is below the level of basic necessities.
In these circumstances, a claim for employment and support allowance may be more appropriate.