Benefit backdating rules
I have dyspraxia and mild ASD, with anxiety disorder as a side-issue. I had a review in 2001 and I lost all DLA at this review, despite my dyspraxia & ASD affecting me the same (they're lifelong! I reapplied in Feb this year but was again turned down.
The decision makes have used the tribunal's decision to guide their decision, despite me providing more up to date evidence that my back is buggered, and my mobility is significantly affected, and I need more care with physical activities. If the tribunal find in my favour, can I request backdating to the point I lost DLA initially, as the conditions I have were affecting me at the time of that decision, it's just the tribunal couldn't believe they were affecting me as "the GP would have instigated treatment" (their words - my GP had referred me to a rheumatologist, but the tribunal ignored that!
The issue before the Court of Appeal was whether a refugee can recover back-payments of income support after she has been recognised as a refugee in respect of the earlier period on the basis of the Refugee Convention relating to the status of refugees (‘the Refugee Convention’) which at article 23 provides: On 15 June 2004, at the time the proposed amendment was before Parliament, the UNHCR produced the following document: Asylum and Immigration (Treatment of Claimants) Bill Briefing Note on Proposed Amendments 12 and 13 for the House of Lords at Committee.
The relevant passage, which appears in the judgment, is reproduced below: As stipulated in Para.
28 of the UNHCR Handbook, a person is a refugee within the meaning of the 1951 Convention as soon as he fulfils the criteria contained in the definition.
This would necessarily occur prior to the time at which his refugee status is formally determined.
However, an application for back-payments of income support as a person who has been recognised as having refugee status (under reg 21ZB of the Income Support (General) Regulations) was refused because the power to make those payments had been revoked by s12 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 when it came into force on 14 June 2007.
The appellant’s appeal to both a First-tier Tribunal (SEC) and the Upper Tribunal (AAC) were refused.
I called them last week and the woman said that everything was on the system and she didnt know why i had not heard anything but would give me a call if there was anything wrong.My little girl is now 12 weeks old and i was woundering if they ever backdate more then 12 weeks if the delay is down to them?Also has anyone else who has had a little one since May received there payments yet?Im not desparate for the money, it just the frustration of knowing your surpossed to have something but not getting it.i only make 15,000 so im sure that cant be the problem. x Hi As long as you are eligible for CB when you claim, then they backdate to the date you claimed.