§ Earl Russellasked Her Majesty's Government:
Whether they will ensure that, when a refusal of asylum is found to be erroneous and withdrawn, the reinstatement of the claim also restores any rights to benefits which may have flowed from it. [HL18]
§ The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)Eligibility for income support and income based jobseeker's allowance is reviewed and revised from the date of refusal of asylum by the Home Office. Where the Home Office decision is subsequently found to be erroneous and withdrawn in circumstances which mean the adjudication officer's decision was based on a mistake as to a material fact, the adjudication officer will review and revise the termination of benefit under Section 25(1)(a) of the Social Security Administration Act 1992.