Has anyone had any success in obtaining backdated PC when person gets refugee status?
The State Pension Credit Act (sch 2 para 42) provides for regs to be written to allow for backdated PC to be paid to refugees but no regs have been written.
The Claims and Payments Regs Reg 19 as amended by SI 1821/2004 allows for any PC claimant to get backdated PC for upto 12 months but only if they are entitled apart from having not made a claim - which would appear to exclude refugees from claiming for the period whilst they were asylum seekers and subject to immigration control.
But has anyone had any success despite this, or taken it up as a policy issue?

Have recently had a succesful result following a PC claim that was awarded back to October 2003 only despite being made within 28 days of refugee status by the Pension Service themselves.I put in a complaint that an Income Support claim was not also made and backdated under IS (general)regs 1987 21ZB because it was not necessary to fit into the eligible person category under this reg.

The upshot was after consulting their technical section that it could be backdated if a MIG claim was made for the prior period. Consequently a MIG claim was made and a further 5K awarded to cover the period prior to PC. However I would expect that if helped by an adviser it is necessary to get both the PC and MIG claim done within the 28 day period.

Hope this helps

PS I forgot to mention that I also raised this at DWP liaison and the above advice was given by the PC rep to advisers present.