Refugees (inc HRT issues) | CPAG

Refugees (inc HRT issues)

JR15 FileFailure to offer a UC ‘new claim advance’ – refugee(last updated May 2021) See below note on new claim advances. 

JR14 Incorrectly required to meet HRT for UC – refugee (last updated April 2021) 

JR88 Incorrectly required to meet HRT for UC - DDV Concession (last updated July 2021)

JR57 Refusal to accept retrospective tax credit claim following grant of refugee status (Letter removed. Please refer to the CPAG test cases page and see more information below.)

JR98 Refusal to backdate child benefit to date first claimed asylum rather than date successfully claimed asylum, when refugee status granted on same facts as when first applied for asylum (Last updated Feb 2021)

JR7 UC incorrect requirement for a NINo – refugee (last updated October 2019). (Letter removed. Please refer to the CPAG National Insurance Numbers page)

JR13 UC incorrect requirement for a NINO – partner of a refugee (last updated October 2019) (Letter removed. Please refer to the CPAG National Insurance Numbers page)

CPAG are looking for clients. See NINo templates page.

 

Please let us know how the DWP respond to these NINo letters: [email protected]

 

REFUGEE RETROSPECTIVE TAX CREDIT CLAIMS

Please refer to the CPAG test cases page for more information.
Pending CPAG's action, please protect your client's position by appealing against decisions not to award tax credits. Note, the anti-test case rule is likely to prevent any appeals being brought on the same issue on decisions not to award CTC once a Tribunal decision has been received, it is therefore important to lodge appeals before this happens.  Any appeals brought may be stayed behind CPAG’s action, and once the CPAG’s case is decided, any decision made in line with it.  
 

Resources

•    claim form (albeit for a previous year - if you have access to a more recent claim form, please share it with CPAG: [email protected])
•    template mandatory reconsideration request (last updated 29 July 2020) NB CTC period: date of first asylum claim - subsequent UC claim
•    template request to the Tribunal to accept an appeal without a mandatory reconsideration notice, please get in touch by emailing [email protected], and  
•    template First-tier Tribunal appeal submission,  please get in touch by emailing [email protected]

See also:

Tax credit mandatory reconsideration form
Appeal form
HMRC Form of Authority

DWP Guidance on UC advances

If your client asks for a UC advance, and it is not considered, please let CPAG know by emailing [email protected]

DWP Guidance confirms that a UC advance can be paid before a NINo is received.

NINo staff guide: Completing the eDCI1 form (Published 13 December 2016). This states:

Payments of short term benefit advances and of benefit without a National Insurance Number or with an unverified National Insurance Number

24.Where applicable, Short Term Benefit Advances (STBAs) might be considered for customers with no National Insurance Number (NINo), or who have applied for a NINo but whose identity has not yet been verified, providing they meet the STBA eligibility criteria. Included in this criteria is that they must be likely to be entitled to the benefit in respect of which the STBA is applied for.

DWP also published specific guidance: Claiming Universal Credit and other benefits if you are a refugee in October 2019 (updated 1 July 2020):

National Insurance Number (NINO)

You do not need a NINO for your benefits claim to be made but if you do not have a NINO you need to tell DWP at the start of your claim.

DWP will apply for a NINO on your behalf as part of your claim for benefits. You do not need to apply for a NINO yourself.

Advances

Your asylum support payments will end after 4 weeks. If you need help to pay your bills or cover other costs while you wait for your first benefit payment, you can apply to get an advance.

The most you can get as an advance is the amount of your first estimated payment and you’ll need to pay the advance back from future benefit payments.

 

PLEASE TELL US HOW DWP / HMRC / RELEVANT LOCAL AUTHORITY RESPOND

By emailing [email protected]

This helps us keep the letters up to date and effective for other advisers.