The EEA national needs to be the claimant, and it doesn't matter if he/she is or is not working, so long as they meet the definition of being 'economically active' (and this can include periods of unemployment). The non-EEA national should be listed as the partner (and again it doesn't matter if he/she is working), and the claim should be paid if there is entitlement (it might take some weeks/months to process though, esp. if the non-EEA national has not yet applied for a NINo. (and they would be entitled to one for the purposes of claiming HB).
Hope this helps...
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