Leicester Racial Equality Council and Leicester City Council have today expressed concern at the Home Secretaryís recent decision to disallow the claiming of backdated benefits for refugees.
Under current rules, asylum seekers are initially supported by the National Asylum Support Service until their application has been assessed. The level of support is approximately 20% below that of Income Support. Once their application has been accepted, and their refugee status confirmed by the Home Office, they can claim Income Support backdated to their date of application of asylum in order to make up this difference.
These payments make up a large part of the £1 million in additional benefits obtained for refugees in Leicester last year by the Refugee & Asylum Seekers Advice Project, a joint initiative by the Council and the Racial Equality Council to help refugees to integrate into Leicesterís communities.
The Home Secretary has tabled amendments to the Asylum and Immigration (Treatment of Claimants) Bill, currently in the House of Lords, that would remove the right to claim these backdated benefits and replace them with a loan.
Iris Lightfoote, Chief Executive of the Racial Equality Council, said today;
ëRefugees are not illegal immigrants, they have a right to remain in the UK. The lengthy delays in dealing with asylum claims are the cause of the arrears of benefit building up, and it is therefore only right that once refugee status is confirmed that they should be entitled to claim these benefits back to the date of their original asylum application. The backdating rules ensure that they are eventually paid the right amount of money. It is not an abuse of the system.í
Cllr Roman Scuplak, Cabinet lead for Regeneration & Property commented:
ëIt isnít right that the Government should penalise legitimate
refugees for delays in dealing with asylum applications in this way.
The backdating of benefits only arises because of delays in the system,
and to cut costs by removing that provision is only going to make it harder
to integrate refugees into the city.í
Notes:
ï The Home Office issued its announcement on 8th June
2004, and the press release can be found at
http://www.wired gov.net/WGLaunch.aspx?ARTCL=24896
ï The Refugee & Asylum Seekers Advice Project is jointly funded by Leicester City Council and the European Refugee Fund and last year assisted over 300 refugees to claim in excess of £1 million of additional benefits ? a large proportion of which was due to the current backdating provisions.
ï Asylum seekers receive support from the National Asylum Support Service (NASS) whilst their applications are being determined. This support includes accommodation and benefits to the value of 20% of Income Support levels.
ï On obtaining a positive decision, the status of the individual changes to that of a refugee, and they obtain the right to claim Income Support or Jobseekers Allowance at the full rate and have the right to work. Large backdated payments only occur therefore due to delays in dealing with asylum applications.
ï The Governmentís decision may also be in breach of the UN convention on the treatment of refugees. The relevant article is article 23 and states that;
"The contracting states shall accord to refugees lawfully staying intheir territory the same treatment with respect to public relief andassistance as is accorded their own nationals"
18th June 2004