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  • #35009
    Anonymous
    Guest

    Help!!
    Scenario: Claimant receiving IS as a single person.
    Married since 2005 to a Philipino.
    She has a NINO but her passport shows visa expired Dec 2007, and state they are waiting for renewal from the Home Office.
    I know that they must be treated as a couple for CTB/HB but if she has no recourse to public funds should the claim be refused? and if so under what Reg. 😕

    #98413
    Anonymous
    Guest

    No the claim should not be refused. She is not claiming Benefit – he is, and therefore it is only his status that matters.
    As long as she has a valid NINO the claim should be assessed with the couple’s applicable amount, and any associated premiums.
    Income appertaining to both of them should be used.
    She is not applying for Benefiit and is therefore not getting public funds.

    The authority for this approach comes from the Wilson case (see caselaw section, High Court Judgement, and search for Wilson 8)

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