PFA – English National marries Indian woman

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  • #34916
    sharonk
    Participant

    We have claimant who is over 65 and a pensioner. He married a lady (25 years his junior) in India in April 2006 but she did not move to the UK until May 2007 (so over a year after the marriage). She brings 2 daughters with her age 17 and 7 but claimant is currently not getting CHB for them.

    I understand they are still in the process of applying for this benefit. Am I right so say I should put them on the claim, but as excluded?

    Mrs has now been given a National Insurance number. So far so good, but her UK visa clearly says “No Recourse to Public Funds”. Does the fact that she is married to a UK citizen, has a “settled intention” to reside in the UK and has a NINO over-ride the “No recourse to public funds”?

    Sharon

    #98201
    Anonymous
    Guest

    Couple of things here, my opinions below..
    Providing he is the claimant, the no public funds issue is irrelevant (if she was the claimant then it comes into play but SHE is not claiming Benefit), so the fact that she has a NINO means that a valid claim can be made.
    I do not understand what you mean by “excluded”. I would put the daughters on the claim awarding all applicable amounts, premiums etc., but not put Child Benefit on until it is awarded – after all you seem sure they are living there. 8)

    #98202
    sharonk
    Participant

    Thanks Jon

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