Indian Partner

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    I wonder if someone can help, i know the answer but we have someone appealing a decision so wanted to be sure.

    We have a British claimant who has rec’d HB for the last 5 years, her partner moved here from India on the 16/01/06. He was given a NINO but has no recourse to public funds as a condition of him remaining in the country. He was self-employed for the period Oct 06 to 10/02/07, then started working from the 26/06/07 to date.

    We have included him in the HB assessment since 06 to date. Was this right to do, as the claimant is appealing saying we shouldn’t have included him! Quoting the decision of the DWP V Wilson 2006.

    Any help would be great
    Thank you


    Your were correct to include him.

    There is nothing in the regs to disregard a partner with no recourse.


    The partner of the claimant must be included in the HB / CTB assessment if they are living together. Therefore the partner must have a NINO – this was the eventual outcome of the Wilson case, and maybe your claimant is quoting from one of the initial (and superceded) hearings.

    They may have got this impression from the DWP (who do not include the partner for IS or JSA), but there is no provision for this in HB / CTB legislation. You therefore need to include the partner and any income in the claim. If your claimant is getting IS / JSA(IB) then it will mean, whatever the partner’s income, maximum benefit is payable. 8)

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