Asylum seeker and JSA (C)

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  • #35357
    markp
    Participant

    Help needed (PFA’s not being my strongest point)

    I have an appeal from a gentleman who has supplied a letter from DWP confirming that JSA (C) is in payment as well as a letter from UKBA, dated 29.4.09, stating that his asylum application is in a backlog and is soon to be at a point where a decision is to be made.

    Something nagging in my mind is that he should be subject to NASS support and that JSA shouldn’t be in payment to him.

    Can one of the wiser persons in this forum confirm that I am right (or not)? I should add I mean wiser than me (and that wouldn’t be too difficult!!)

    Many thanks in advance.

    Do I know what I'm doing? The jury's out on that........................

    #99146
    stevedaymond
    Participant

    If he has made a claim for leave to remain you will need to look at the date the claim was received by the Home Office and what his status was at that time i.e. did he have limited leave to remain and make an intime application to extend it? Or was it a brand new application etc.

    JSA(C) is based on contributions so the DWP would not have checked his immigration status. Its only JSA(IB) that is covered in section 115 of the Immigration and Asylum Act 1999.

    #99147
    markp
    Participant

    Sorry to bump this back up. My appellant has now been granted ILR. Notification is dated 2.6.09.

    Does this mean that he would only qualify for HB/CTB from 8.6.09 or is the provision retrospective?

    Do I know what I'm doing? The jury's out on that........................

    #99148
    stevedaymond
    Participant

    If he had limited leave and applied for further leave prior to this expiring then he would have retained the original status. If he applied late and was an overstayer he would become eligible again from 08.06.2009 ongoing. Retrospective payments for refugees were removed in 2007 see G11/2007 although this probably would not have affected him anyway.

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