Backdating income support
The distinction and terminology can be important because there are special benefit rules that only apply to 'refugees'.
The groups of people eligible for income support has been squeezed in recent years with the introduction of employment and support allowance and the lone-parent changes, but refugees who are learning English in order to find employment remain an eligible category.2Until recently, it was rare to find someone who met the criteria, as the course must start within the first year of coming to the UK and the average time taken for an asylum decision was far longer.3Decisions are now being made more quickly, however, and although the majority are negative, it is possible to find someone granted refugee status within a year of arrival in the UK.
People fleeing their home country and applying for protection (or asylum) in the UK are generally excluded from claiming most benefits (asylum seekers are 'persons subject to immigration control' in the benefit rules).Ben) Meaning of ordinary word not a question of law C6/88(IVB) Witholding of medical evidence from a claimant CIS/12791/96 Whether AO has power to make recoverability order C22/98(JSA) Onus of proof on AO C2/99(FC) Status of reported/unreported Commissioners' decisions No power to grant ex gratia payments R(SB)29/83 No right of appeal against decision of Dept.to request all necessary information for claim R(SB)4/85 Not bound by previous tribunal decisions No.126/85(Supp. Ben) Mistaken advice from DHSS cannot override statutory provisions C9/89(Supp.Ben) Failure to listen to irrelevant evidence not an error CSB/1311/86 Lay evidence on medical matters CSB/1148/86 & CSSB/76/88 Medical evidence CIS/620/91 Effect of destruction of documents CF/13/92 Oral evidence prevails over computer print-out C9/97(IS) No error in failing to take account of evidence not before it C1/00 & 2/00(JSA) Oral evidence is evidence - does not have to be corroborated R(IS)5/93 & C7/97(IS) Hearsay evidence must be considered and evaluated R(SB)18/83 Failure to admit all documents R(SB)5/82 Value to be given to hearsay R(SB)33/85 Status of claimant's uncorroborated evidence C27/97(SF) Unsubstantiated phone call to nameless person accepted as evidence Tribunal decisions (errors in law) R(SB)6/81 & R(SB)11/83 Catagories of 'error in law' R(SB)1/81 Breach of rules of natural justice a mistake of law - mere assertion is not R(SB)18/83 Natural justice breached by non-objectivity of presenting officer CU/47/93 Failure to consider claimant's written note - breach of natural justice R(SB)17/81 Living together as husband and wife - conduct R(SB)17/81 & CSB/203/85 Living together as husband and wife - criteria R(SB)17/81 Marriage - lack of intention towards - stability of relationship R(SB)19/85 Same household CSB/463/86 Two people sharing house can be separate households CIS/11304/95 Two households CSSB/145/83 & CSB/150/85 & CIS/619/97 'Husband and wife' relationship R(SB)35/85 &CSB/602/87 Relationship carer/companion rather than husband/wife R(SB)30/83 Temporary absence of partner CIS/4935/95 &CIS/81/93 Married couples living in same care home - meaning of household R(SB)8/85 Member of more than one household CIS/317/94 Burden of proof R(SB)17/84 Marriage solemnised under Islamic law C1/88(IS) Meaning of 'married couple' CIS/87/93 No sexual relationship - strong alternative grounds must exist to find cohabitation C23/95(IS) Appropriate for tribunal to enquire about sexual relationship C23/95(IS) Joint endowment not relevant CIS/13805/96 'Members of the same household' - living away CIS/2900/98 'Members of the same household' - whether 'attitude of mind' relevant CIS/642/94 Invalid appointment of appointee - power of tribunal to determine claim a nullity CIS/83/90 Night shelter - award of benefit can be made for a definite period (eg.
day to day) R(SB)5/89 Date of claim R(SB)8/89 Date of claim - weekend postal arrangements CIS/7009/95 Late claim for National Assistance R(SB)8/88 Death of claimant R3/83(Supp.
Ben) Tribunal not obliged to accept concession by either party to a tribunal No.7/84T(Supp.