CAMPAIGNERS have hailed a Supreme Court victory that will allow asylum seekers granted refugee status the right to claim backdated child tax credits.

The judgement was hailed an "important decision" with Govanhill Law Centre urging refugees to seek advice to make sure they are being given what they are owed.

Scotland’s Supreme Court, the Court of Session, has held Her Majesty’s Revenue and Customs (HMRC) was wrong to refuse a backdated claim for child tax credits for asylum seekers who had been granted refugee status.

It is understood that this is the first successful social security test case for asylum seekers and tax credits in the UK.

A similar test case is currently before the High Court in England but has yet to be decided.

Claire Cochrane of Govanhill Law Centre said: “This is an important decision.

"It is the first in the UK to confirm that refugees who applied for asylum prior to February 1, 2019 have retained the important right to make a claim for a backdated payment of child tax credit.

"We would strongly encourage any refugees who applied for asylum before February 1, 2019 to seek advice to ensure that they receive all the payments they are entitled to.

"It is not known how many refugees have applied for a backdated payment of child tax credit after the introduction of Universal Credit, only to be told that it is no longer possible for HMRC to process their claim."

Although tax credits were abolished and replaced with Universal Credit on February 1, 2019, the law provided that particular groups of claimants – including asylum seekers – had preserved rights if their claim was for a period that included January 31, 2019.

UK social security law preserved the right to claim child tax credits from the original date of a claim for asylum in the UK, so long as a claim was made within one month of the date of refugee status.

HMRC argued that no such claim could ever be made as it was no longer possible to claim tax credits since the roll out of Universal Credit.

The Court of Session disagreed.

Claire added: "Govan Law Centre calls on the UK Government to review the past decisions made in cases such as these and ensure that all eligible claims for backdated tax credits are processed."

"This decision is on the back of a huge amount of work by staff at Govan Law Centre and we want to thank our clients, Mr and Mrs Adnan, for sticking with this case.

"It is very stressful to go through a long case like this.

"Govan Law Centre will continue to work to improve the lives of those who – for whatever reason – need to come to the UK.”