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Social security – Benefit. The appellant had been granted refugee status and sought recovery of a back-payment of income support to the time of her asylum application. She was refused back-payment and her appeals through the tribunal system were dismissed. The Court of Appeal, Civil Division, held that, interpreting s 12 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 in the light of art 23 of the Geneva Convention, there was no entitlement to such back-payments and there was no express or implied obligation to make a lump sum payment representing the difference between the earlier asylum support payments or benefits in kind and mainstream benefits pursuant to art 28 of Council Directive (EC) 2004/83.
Social security – Benefit. The appellant had been granted refugee status and sought recovery of a back-payment of income support to the time of her asylum application. She was refused back-payment and her appeals through the tribunal system were dismissed. The Court of Appeal, Civil Division, held that, interpreting s 12 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 in the light of art 23 of the Geneva Convention, there was no entitlement to such back-payments and there was no express or implied obligation to make a lump sum payment representing the difference between the earlier asylum support payments or benefits in kind and mainstream benefits pursuant to art 28 of Council Directive (EC) 2004/83.
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