A Bit of a Tricky One

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
  • #22675

    Hello all!

    We have a claim in from a lady who claimed as a single person previously. It now appears that she is married to a gentleman from Sudan but her husband travels to Dubai on a regular basis to look for work. He is unsuccessful and returns home. She did not put him on previous claims as he is not here all the time!

    Lady is now expecting her first child and has claimed HB. Mr A has provided his passport which shows he has no recourse to public funds. He has applied for, but has not been successful, work in the UK and so continues to fly to Dubai for work. When asked about how he can afford these flights, he has provided a letter from his brother to say that he pays for the flights!

    Mrs A is in receipt of IS but there is no trace of a claim as a couple. THe problem is this!

    If she is awarded IS, we would pay HB based on this but we consider it likely that Mr A is working abroad and bringing money home. Do the DWP take Mr A into account when assessing Mrs A’s claim for Income Support? We consider the UK to be his home for now but as he does not appear to have indefinite leave, am not sure if HRT test applies!

    It seems unfair that he would not be taken into account in IS claim and she can claim IS as a lone parent if he is indeed working but can’t be included on the claim.

    Can anyone offer advice? Come across something similar?

    Any help you could offer would be most warmly received!

    Confused of Rushmoor!

    😳 😳

    Julian Hobson

    As far as IS goes (reg21) if he is considered as part of the household his income would be included in the assessment of IS BUT the calculation would not include him for the purposes of the applicable amount. If DWP don’t include him because of the no recourse issue and fail to include his income (if he has any) then their assessment is wrong and it wouldn’t be the first time.

    If they accept he doesn’t earn anything and don’t include him then the assessment is right.

    There is a further complication with the temporarily abroad stuff in reg 21 (sched7) and I’m not qualified to comment on that where the person temporarily absent is working.

    Looks like you need to liaise with your local office and possibly question the assessment if you think its wrong.

Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.