Dear All! Help would be gratefully received!
I have a client who recently been awarded Refugee status and given ILR. Unfortunately, client has been badly advised by Jobcentre plus advisers and client’s solicitor (either of them did not know the reg.-s!) about her rights to claim any benefits. Especially her entitlement to Backdated IS, CT, H benefits. Luckily, she’s got friends, who advised her to go to CAB. So she started her researches by herself and been awarded Backdated IS! But there is still unreasonable delay with her HB and CTB. Although she is definitely entitled to both HB and CTB and we have provided all appropriate documents in May we still have not received the decision from Council yet.
Would anyone help us please! It seems to me like we’re totally stuck here! I’ve spoken to HB department and was told that they’re Backdating HB for 52 weeks only. I forgot to mention that my client Victim of Torture and suffers the consequences of it, she is disabled person.
Please help us we’re running out of limited time! Could you please advise us on what else to do and is there independent body, sort of watchdog, who is overlooking Welfare Benefits department? Also it is very difficult for me as I’m new in the business.
All replays will be appreciated very much by my client and me!
The sources– Welfare Benefit and Tax Credits handbook – by CPAG, -2004/2005, and Rightsnet.
Thanks in advance.

Sincerely yours
Erica V-Fox.

The legislation is Sch A1 ofthe HB Regs. Provided the claim is made to the LA where the person is living within 28 days of being notified thatrefugeee status has been granted , the LA MUST determine HB entitlement from the time refugee status applies.

The 52 week time limit in Regulation 72(15) has no relevance.

You should first of all complain to the Council's Chief Executive. The next step is either to send a letter to the Council's legal department in the standard format threatening a Judicial Review forcing the Council to make a decision.

You could also complain to the Local Government Ombudsman

Hi there! Thanks for reply,but today we've recieved the decision-it says that my client entitled to backdated HB &CTB but have to get it from all boroughs she used to resid in.
Council is saing that my client have to go and make her claim in all those boroughs.MP's of Brent's caseworker is already involved. It were them who recieved the reply,and now my cieht is reffered to the CAB once again!/I think that the MP's office doesn't want to get involved/
What should i do now?

I do know the Regs. i have the book "Welfare Benefis and Tax Credits handbook" by CPAG-2004//2005.But i dont know how to make the Council understand that they're wrong?!
Thanks beforehand once more.

Sch A1 para 2A(2) and (3) state:

"(2) Where the claimant has occupied more than one dwelling as
his home in the relevant period, only one claim for housing benefit
shall be made in respect of that period and shall be made to the
authority for the area in which the dwelling in which he last
occupied in that period was situate, and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit.
(3) The relevant authority to which a claim for housing benefit
is made in accordance with this paragraph, shall determine the
claimant’s entitlement to that benefit for the whole of the relevant
period."

Your clients present LA is responsible dfor determineing HB for the whole period starting from the date of the claim for asylum