refugee status

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  • #39978
    gcooper
    Participant

    Am I right in thinking that if a person has been granted refugee status they can claim HB even if thay also have limited leave to remain in the UK?

    Help please!

    #114105
    DJM
    Participant

    Refugee status is usually awarded for a limited period (ie, 5 years) hence it being described as “limited leave”.

    As long as they have refugee status and you’ve seen proof, they are eligible to claim.

    #114107
    gcooper
    Participant

    thank you

    #166324
    Lee Kempthorne
    Participant

    Russian Nationals with Refugee status – Leave to Remain.

     

    Hello,

     

    I was wondering if anyone could help?

    I have had an application for Housing Benefit from a couple for a supported property.  They have been granted Leave to Remain based on Refugee status and are permitted to work.  The claimants are Russian Nationals and have been given status based on religious grounds.

    The couple are Jehovah's Witnesses and the Russian Government have stripped the couple (and others) of their assets.  The couple made a joint claim for JSA in early July 2018, the decision was made that the couple still had assets in Russia of over £30k and therefore a NIL entitlement decision was made on the JSA.

    Our homeless team, whom helped them to find the supported accom have directed the claimants to Welfare Rights.

    Can Housing Benefit make a decison to award Housing Benefit even though the DWP have made a decison that the couple have access to assets over £30k?

    Any advice would be greatly appreciated.

    Thanks

    #166325
    pbirks
    Participant

    you have to make your own decision – you cannot piggy back a negative DWP decision – only a positive one

    So if they'd been awarded a passported benefit , you are obliged to follow suit

    But if DWP make a decision not to pay, then you have a everyday,"standard" claim and must make your own decisions – you need to be able to state what reasons/evidence you used and what HB regs relate to that – so that the customer can appeal if they wish to.

    seems preety bizarre that the Home Office accept the couple are at fear of persecution if they return home, but the DWP have decided they have access to supposed assets in their home country!!! 

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