Client married an Egyptian national who has remained in Egypt whilst she has returned home. She has been refused IS as he works full time in Egypt. Have looked at Mesher and the examples for married couples seem to look at couples who live in same house but lead separate lives. In this case they seem to be treating it more as a partner who is working abroad. Does anyone have any suggestions for any arguments I can put forward to get my client IS (she can't get IB as does not have sufficient NICs).

The issues are whether or not they are living in the same household (s.137 CBA 92),whether the absence is temporary, and if so likely to last more than 52 weeks and whether there is any intention to return to live with the other members of the family (reg.16). There was a thread on this issue on the old forum which will be of help to you. The most useful decision to you will be CIS/13805/1996.

Good Luck.

Steve Lee
HILLINGDON LAW CENTRE

think this is the old thread you're thinking of -

http://www.rightsnet.org.uk/forum/otherbenefits/494.html