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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Means-tested benefits and Partner Subject to Immigration Control - free prescriptions etc

JPCHC
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Cardinal Hume Centre - Welfare Rights

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Client is claiming income-related ESA and my understanding is the partner (spouse visa with no recourse to public funds) is included in the claim but not paid for? Presumably then she should get free prescriptions as she’s part of the claim?  Client’s partner has come in with a penalty charge from the dentist so I’m thinking he’s probably not notified the DWP of his partner moving to the UK which means an overpayment of the SDP. Any advice welcome! Thanks

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Prescription charges and NHS treatment are not listed as public funds in immigration rules so getting help with either should not breach NRPF condition of visa. However, you are right that while irESA paid at single persons personal allowance rate if partner is PSIC, presence of PSIC partner will mean SDP should not be paid.

JPCHC
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Cardinal Hume Centre - Welfare Rights

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Thank you!  My concern wasn’t whether it was a breach of NRPF condition, but whether she should be entitled to free prescriptions but I think she would be as she is included in the ESA claim? I imagine the penalty fee is going to be b/c he’s notified the DWP of her presence so she’s not on the claim.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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JPCHC - 19 August 2016 11:23 AM

Thank you!  My concern wasn’t whether it was a breach of NRPF condition, but whether she should be entitled to free prescriptions but I think she would be as she is included in the ESA claim? I imagine the penalty fee is going to be b/c he’s notified the DWP of her presence so she’s not on the claim.

Knowing how rigid DWP’s processing is it wouldn’t surprise me if he’s notified but they’ve excluded her from the claim other than a brief note somewhere. I’ll bet their computer system isn’t set up to deal with a partner who’s NRPF.

hkrishna
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Entitlement to free prescription in England (everyone gets them free up here in Scotland) includes anyone whose partner gets irESA. Need to meet definition of family member for ESA but even though only paid at single persons personal allowance rate, still treated as part of family for ESA. Don’t know much about penalty fees from the NHS I’m afraid but even if wasn’t entitled via partner should still have qualified via NHS low income scheme which would have thought the dentist should have told her about