Partner from USA in education

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  • #38411
    Sarah Hudson
    Participant

    The claimant is originally from Cayman Islands and she has been given Bristish Citizenship. Her partner is from USA.

    Her partner came to the UK first in Feb 09 to study. The claimant came to the UK in Sept 09 with their children.

    The partner has a residence permit which states ‘Spouse/Partner, Leave to Remain, Work Permitted, No recourse to public funds’.

    They have been supporting themselves since they came to the country. They had a brokerage account which they drew money from. However the partner fell ill and needed an emergency operation. The funds have now ran out.

    Therefore they applied for HB/CTB in Feb 2011 and the claimant applied for JSA. This has only just been granted. It has been backdated to March 2011.

    The partner has no NINO. He had no intention of obtaining or applying for a NINO because his intention was to return to the USA to continue with his studies. He left the UK on 30/06/11.

    The claimant is now on her own with 2 children and the reason she hasn’t gone with him is because he’ll be living on-site in a hospital dormitory to continue his medical studies. He will also be moving from state to state while he does this. Her intention is to return to the USA in 12 months.

    Now, after all that!!

    My question is when do we pay her HB from. She received JSA/IB from 07/03/11 as a single person.
    The partner was still there at this point and had no intention of applying for a NINO.

    Under the circumstances would you pay back to March 2011 even though he didn’t have a NINO or apply for a NINO. Or would you pay HB from when the partner went back to USA on 30/06/11?

    I don’t think he was exempt from the NINO requirement.

    #108234
    Kay_Tade
    Participant

    I would pay from date she first applied in Feb, based on the circumstances, then from March based on JSA and send off a DCI for the partner but I suspect this may be a problem as he is not available for an interview. If you have a copy of his passport on file and explain the situation on the DCI you may get lucky and a NINO is issue as I don’t think he is exempt.

    #108236
    Sarah Hudson
    Participant

    Its a strange one isn’t it! They seem to be getting more complicated lately. We’ve not got a copy of his passport he never provided this just a copy of his residence permit.

    #108237
    Kay_Tade
    Participant

    Well, I’d just send that off then.

    #108239
    Sarah Hudson
    Participant

    You know, i’m changing my mind about this one now! I think he would be exempt from the NINO requirement because he is a person subject to immigration control. He had leave to remain but no recourse to public funds. So under the circumstances i might just tell the assessor to pay the claim anyway without sending anything to DWP.

    #108241
    Kay_Tade
    Participant

    I think sending off a DCI just makes things a lot easier.

    PFA Partner with no NINO

    #108242
    Sarah Hudson
    Participant

    Thanks Kay, i’ll send one and see what comes back.

    #108251
    michaelh
    Participant

    Is your person habitually resident if she intends to leave the UK in 12 months time??? Where is her home?

    #108252
    Sarah Hudson
    Participant

    Her home is here at the moment but she does intend to join her husband at some point when she finishes her studies (which she does on an evening). She is planning on getting a job and claims JSA/IB at the moment.

    #108254
    Kay_Tade
    Participant

    And JSA(IB) removes the requirement for both R2R and HRT.

    #108255
    michaelh
    Participant

    Sorry Sarah – I skipped the part about the JSAib so you have no worries there.

    I do fear for the ptnr’s NINO though, Kay is right what she is saying but it is a long shot. Once the DCI1 is sent JCP will ask the person to attend an interview with photographic ID. As your ptnr is out of UK I fear they may not have a procedure in place to help you.

    Given the extreme nature of your case I cant see why you can’t use the NINO prefix for the time the ptnr was here as you knew he had no re-course to public funds and so it will not effect JSA ent. I think the reason the process was changed by DWP was to stop over stayers getting NINO’s that they were not entitled too for the sake of letting them be part of a HB/CTB claim. Under the old procedure overstayers were regularly issued with NINO’s just so they could be part of HB/CTB claim, once a NINO is issued then it is easier for them to intergrate into society undetected by UKBA. With no NINO it is more difficult hence the new procedures.

    I feel your case is so extreme there is no way the clmt can adhere to the JCP guidelines as the ptnr is out of the UK. I would bend the rules a little on this one and decide your ptnr was an exempted person with out the say so of JCP.

    I might be wrong and the regulation Police will be along shortly to let me know – but some times there is just no way out for the clmt…

    #108261
    Sarah Hudson
    Participant

    I’m going to have a think about this one i think before i make a decision!

    #108263
    michaelh
    Participant

    I work with a Kay and she is a she – sorry about that Kay, glad you can laugh about it though and you have not been offended.

    On Sarah’s point, the beauty is though, as you point out, that there will be a way around it it in some way orother. The problem with HB admin and decision makiing is that the way around the problem is not always the correct one.

    🙂

    #108257
    Kay_Tade
    Participant

    [quote=michaelh]I feel your case is so extreme there is no way the clmt can adhere to the JCP guidelines as the ptnr is out of the UK. I would bend the rules a little on this one and decide your ptnr was an exempted person with out the say so of JCP.[/quote]

    Ah, if only, we make our own rules and apply it as we see fit…….I know what you mean Mike but if there is no way around it then there isn’t. If it becomes a problem then you have the option of deciding the partner was actually never part of the same household as your claimant.

    By the way Mike, Kay is a he…….if I had a pound for the number of times I have had to say that :bigsmile: 😀

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