HL Deb 06 July 1999 vol 603 c81WA
Lord Ewing of Kirkford

asked Her Majesty's Government:

What action the Home Department is taking to ensure that persons who have applied in time for renewal of exceptional leave to remain are not denied benefits due to delays in processing their applications. [HL3523]

Lord Williams of Mostyn

Responsibility for deciding who is eligible to receive benefits is a matter for the Department of Social Security and the Benefits Agency. An official in the Integrated Casework Directorate wrote to the Chief Executive of the Benefits Agency on 27 April to clarify the immigration status of such applicants. In immigration law, provided a person with leave to remain applies for an extension before that leave expires, that person may remain lawfully in the United Kingdom after expiry of that leave until the application is decided, and of course beyond that date if the application is granted. The Chief Executive was advised that, provided persons seeking benefits produced evidence to Benefits Agency staff that they had submitted an application for extension of leave before it had expired, then Benefits Agency staff could assume that they were here lawfully.