Section 12: Refugee: backdating of benefits
55.This section abolishes the entitlement to backpayments of income support, housing benefit and council tax benefit for those who are recorded as refugees.
56.Asylum seekers are not eligible for mainstream benefits by virtue of section 115 of the Immigration and Asylum Act 1999. Where relevant, they may be supported by the Secretary of State under section 95 of the 1999 Act. Regulations have been made under section 123 in relation to backpayments of income support, housing benefit and council tax benefit.
57.Subsection (1) repeals section 123 of the 1999 Act which gives the Secretary of State power to make regulations permitting those who are recorded as refugees to claim backpayments of benefits including income support, housing benefit and council tax benefit.
58.Subsection (2) revokes the regulations made under the power of section 123 of the 1999 Act to make backpayments of income support, housing benefit and council tax benefit to refugees. These regulations would lapse in any event on repeal of section 123 of the 1999 Act, but for the sake of clarity and certainty the legislation confirms that these regulations cease to have effect.
59.Subsection (3) revokes the regulations which preserve, for transitional purposes, an earlier backpayments scheme made under section 11(2) of the Asylum and Immigration Act 1996.
60.Subsection (4) confirms that on commencing the provision, it may be applied to those who have outstanding asylum claims. Backpayments will therefore cease for all those recorded as refugees after a specified date, irrespective of when they made their claim for asylum.
