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You must show good cause for the delay in making your claim.

We must be satisfied that any person of the same age, health and experiences as yourself would also have failed to claim benefit from the earlier date.

[2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees. The Appellant’s status as a refugee was formally recognised by the Secretary of State in July 2008, and she was then awarded income support.

Subsequently, however, her fresh claim, filed in August 2007, succeeded because she converted to Pentecostal Christianity; a form of religion which would have caused her to be persecuted in Eritrea.

You will be expected to explain your reasons fully and give us evidence to support what you tell us.

Most reasons fall into one of the following broad categories, but this is not a full list: If you are making a claim there is a backdating section in our online claim form.

He does not become a refugee because of recognition, but is recognized because he is a refugee.

We can sometimes backdate the start of your Housing Benefit for up to one month before the date you claimed. We can sometimes backdate the start of your Council Tax Support for up to six months before the date you claimed.

In all cases you must have good reason for not claiming sooner, throughout the period that you are requesting backdating for.

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.

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