Person from abroad

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  • #34950
    Natalie
    Participant

    Claimant is entitled to HCTB here as she is a British Citizen who has returned from living in America. Her husband is subject to immigration control – what do we do with him?

    Do we input as a normal partner giving the claimant couple applicable amount and using his income?

    Thanks

    #98310
    Anonymous
    Guest

    You must assess them as a couple – there is no way under the legislation that you can assess as a single person. (You may say that IS and JSA are assessed like this, but different benefits, different rules.)
    Her husband is not claiming Benefit, therefore provided he can supply a NINO and the proofs you may require (identity income etc) the fact that he is subject to Immigration Control is irrelevant in dealing with HER claim. 8)

    #98311
    Trevor Kenward
    Participant

    Jon beat me to the post
    I can only add that there is a risk that the Home Office could view the partner as being inbreach of their immigration controls (though probably unlikely)

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