CPAG (p1421-2) tells me that CB entitlement commences from the date of application for asylum if the claim is made within 3 months of claimant being notified that they have been granted refugee status.

There is not however a reference to the regs or statute which allows this, and I can't find it in Bonner or the Child Benefit technical manual. Any ideas?

Paul.

Paul

I think the relevant legislation is Section 123 of the Immigration and Asylum Act 1999, wich allows for the backdating of benefits for people recorded as refugees.

The section also allows for regs to be made under it allowing backdating of the relevant benefits. Thus IS for 3 months etc. Regs were made for IS and benefits to get round Reg 19 of the Claims and Payment Regs. However as Reg 19 already allowed for 3 months backdating of CB then no further regs needed to be made .

Thus section 123 of The Act and Reg 19(2)&(3) of the C&P Regs is the relevant legilation.

Regards
Paul

regs are the Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2004 (SI.No.761/2004)


http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template2=news/user_details2.htm&output_number=1&news.ID=318115524047

Thanks

I’d forgotten about the repeal of section 123 by section 12 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. The CB regs quoted by Shawn obviously replaced section 123. However, there may be some old cases around to which the old regs still apply. That’ll teach me to rush a reply to a post while I’m on my way out to lunch.