My client arrived in GB in 1998. due to changes in her home country, she made an in-country application for asylum in May 1999. Income Support say the regs mean that her IS can be backdated to the date she made the application for asylum, not the date she entered the country.
Is this correct?

I think they are correct.

Because she claimed asylum before April 2000 she's covered by IS Reg 21ZA (now replaced by Reg 21ZB). Reg 21ZA allowed for IS to be backdated to the date the claim for asylum was made.

Note that your client, because she's covered by the old Reg 21ZA will only be entitled to payment at the urgent cases rate, i.e. 90% of the normal personal allowance. The new 21ZB allows for full IS to be backdated.

Keith

Thanks Keith, that cleared one aspect of the problem up.
I want to check something else. Backdated benefit has been awarded to the date of the application for asylum - so far so good. DWP have taken Section 17 payments into account (as income) as they say my client was paid under urgent cases and so schedule 9 para 28 does not apply.
Any thoughts?
Carol

They're right - most of the disregards in Schedule 9 are disapplied for urgent cases by Reg 72(1). Effectively ALL income counts except for HB, CTB, social fund, and the things like the Macfarlane or Eileen Trusts or the Independent Living Fund.