Non Dependant without a NINO or leave

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  • #39216
    andreasielman
    Participant

    Hello, I need some advice on this one,
    I have a claimant of Kenyan origin, but who has a British passport and has been habitually resident here for some years. He is now making a claim for CTB.

    However he has a brother living with him who has no nino, and his Home Office documentation states ‘You have NOT been given leave to enter the United Kingdon within the meaning of the Immigration Act 1971’.

    It also states the Nationality as ‘Seychelles’. He is not permitted to work, and so is basically living off the claimant while the Home Office make a decision.

    As he has no nino, no income and no leave to enter the UK, would I still include him on the claim?

    I hope this is enough information – any help would be greatly appreciated.
    Many thanks

    #111341
    Kevin D
    Participant

    If the clmt’s brother “normally resides” with the clmt, a (lower) non-dep deduction should be applied. In my view, the immigration status is not directly relevant. Of course, it may be open to argument that as the brother has no leave to enter, he is not “normally residing” with the clmt. However, my view is that the test is not dependant upon the brother’s immigration status; it’s simply about “normally resides”.

    #111343
    andreasielman
    Participant

    That is what i originally was going with, just wanted to be sure that it was fair to put the lower deduction on.
    Thank you very much for your help Kevin.

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