Partner abroad

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  • #38429
    figaro
    Participant

    We have a sole claim from a lady who’s husband is working, and the family have been living, in Dubai for 6 years. After having premature twins in 2009 with one dying they found that this was not covered by insurance. Due to owing medical bills at the hospital, his bank account is frozen and his passport has been siezed. They both have a travel ban but she had been in the uk staying with her mother since July 2010 as wanted British medical care for her surviving child, and now cannot go back. She has a part time job as a barmaid so is not eligible for Income Support. We have confirmation from the lawyer in Dubai that the travel ban will remain until the conclusion of the proceedings. Is she eligible for benefit in her own right.

    #108319
    Kay_Tade
    Participant

    I think the question is: Is he a member of the claimant’s household for benefit purposes?

    Does HBR 21 (Treating the husband as not being a member of the same household) apply in this case?

    https://hbinfo.org/legislation/main-regulations/regulations/regulation-21-circumstances-which-person-be-treated-being-o

    #108348
    Anonymous
    Guest

    To add to Figaro’s post (same Council!) as far as we know the female partner has intention to return to Dubai, they are still a couple. Even though she has been here for 52 weeks.

    Would we treat her as a single person but include his income?

    There are exceptional circs in this case but as there is intention to resume living with each other.

    Any other thoughts please??

    #108357
    Kay_Tade
    Participant

    Well, I wouldn’t want to go near a UT Judge and suggest she is PFA because she fails HRT.

    That ship sailed, regardless of her intention, with lenght of time she has been here and the fact that, regardless of her intent, there is no viable way of seeing the inention through while there is a court case and a ban pending.

    As you have confirmed that she has already been here for 52 weeks+, I will assume the partner has also been away for that lenght of time, then HBR 21 bites. So that leaves her as a single parent for benefit purposes.

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