I have an Albanian family who have just been granted 'amnesty' which, from what they tell me, means they now have status similar to that of refugees. They have not been given their amnesty through the asylum processs, although prior to this were asylum seekers on NASS support. Can any tell me if they are entitled to backdated income support?

It all depends on what their status actually is - so have a look at their papers. Status "similar to refugee status" is not good enough. Backdated income support only applies to those with refugee status.

If they have got ELR or ILR on other grounds instead, they cannot get the money. It should say on the HO documentation.

Thanks for your advice, Emmab.

The expression "similar to refugee status" was mine, not theirs. What they told me is that they have the same rights to benefits, housing, etc. But I will check their papers just to be sure.

unfortunatley they will not have backdated benefit entitlement. you must have refugfee status to be entitled. ILR granted on another grounds is not counted. those in the concession group do not hvae refugee status.

some people who are sure to win their refugee status claim may be better off continuing the claim for status--but the uncertainity means most clients choose not to do that.

this is connected to the way the UN charter on refugees works--it is not lawful for a state to discriminate against a recognised refugee, and if you become a refugee as opposed to an asylum seeker, when the home office has considered your claim--the of course you were a refugee when you entered the country. if your benefits are not restored to the same level as a UK citizen--you were discriminated aganst.

we are having a problem with overpayments of housing and council tax benefits kicking into effect for some clients--who were disbenefitted when asylum was refused. ooverpayments are technical and have not been chaised while an asylum claim is still being persued. onc estatus is granted, the overpayment is claimed. i expect similar to happen with IS at some point.

some lobbying on this overpayment issue is prehaps is in order?

elane

Sounds about right for these particular clients as they did mention that they had been given the chance to continue their asylum claim but declined. I hadn't fully understood the reason for the backdating rules but do now, so thank you for your explanation.