Back dating child benefit
In other words the UNHCR regarded the provision in force at the time to award back-payments of income support once a person was recognised as a refugee as necessary to safeguard a refugee’s right to the “same treatment” under article 23 of the Refugee Convention.During the debate on the proposal to abolish backdating, Lord Rooker (spokesperson for the Government) maintained that the new scheme was compliant with the UK’s obligations under the Refugee Convention, as the payments made under the NASS scheme were “broadly comparable” to those paid via income support: The question of the UNHCR report was raised. EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees. The Appellant’s status as a refugee was formally recognised by the Secretary of State in July 2008, and she was then awarded income support. Subsequently, however, her fresh claim, filed in August 2007, succeeded because she converted to Pentecostal Christianity; a form of religion which would have caused her to be persecuted in Eritrea.His Lordship said the difference in phraseology was significant given the ruling in If it was intended that all welfare benefits should be backdated for genuine refugees, article 23 would have referred to “refugees”, not “refugees lawfully staying in their territory”.A refugee is only “lawfully staying in” the UK once it is established that he/she is indeed a refugee.
For example, it doesn’t affect how much you get in tax credits, but it could affect mean-tested benefits, such as income support.In the United Kingdom, refugees whose asylum applications are yet to be decided, are currently denied 30% of a UK national’s benefit entitlement, but are reimbursed once their status has been established and asylum is granted.While UNHCR favours the granting of full benefit entitlement to all asylum seekers, it endorses as equitable the current arrangement, which sees an individual receiving retrospectively monies to which he was entitled as a refugee, but which he was denied during the time it took the UK government to recognise this.However, this all changed in 2013, so here’s how it works: Use a Child Benefit claim form CH2, which you can find in your ‘Bounty Pack’ from the hospital. Payment is normally made every four weeks into a bank, building society, credit union account, Post Office card account, or National Savings account through Direct Payment.In some situations you can get it paid weekly, for example if you’re a single parent, or you or your partner/civil partner are getting income support or income-based Jobseeker’s Allowance.