PFA Belgian national & American ptnr

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    Can any one help with our little query?

    We have a Belgian claimant with American pntr. The American pntr also has a 16yr old daughter who is the Belgian’s step daughter, nationality of the daughter is not yet known.

    The American partner does not have any recourse to public funds and does not have a NINO, they are not claiming any CHB or Tax Credits. Claimant is working.

    Do we include the partner and child in the household or not?



    Yes you most certainly do.
    There is NO BASIS legally to ignore them for the purposes of HB / CTB. (See the case of Wilson, which I think is in the caselaw section here – go to Caselaw section, type in the name Wilson and as they say, Robert will be your mother’s brother.)
    You may say that the DWP would when calculating IS / JSA but their rules are different.

    If there is a Benefit claim already and the partner and daughter are joining the claim, then there are schools of thought which say you can pay as the claimant had a NINO at the start of claim (and did not have a partner), or that the partner has to have a NINO and without that (or at least an application for one) then no HB / CTB payable.

    I am of the second school on that one (no NINO – no HB), but there are others who take the first point.
    If a new claim then I think all would agree that both claimant and partner need a NINO.
    Think we would all agree though that both need to be in the calc for the claim – the fact that the partner has no recourse to public funds is totally irrelevant – it is the claimant’s claim -not the partners, but it is a bit like a couple one of whom is a student, in that it depends who claims as to whether there is a valid claim or not. 8)

    P.S. Partner should be able to get a NINO on application to the DWP without any problems, particularly if she states that she is not applying for one for purposes of working, but that she needs a NINO as the partner of someone claiming HB / CTB.

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